Legal Question in Workers Comp in California

Appealing a Claim

My husband's lower back was hurting from lifting 50 lb air conditioners with another engineer over rafters in a condemned bldg. He did not report claim to supervisor. The next day - the chihuahua got in his way and he tripped over her but wall broke his fall. When he bent down to place our baby in the swing - his lower back spasmed and he was taken by ambulance to E/R. Our employer is saying that their MD determined that his injury is not work related but due to the dog. Our chiropactor and regular physician states otherwise - that injury started the day before when lifting air conditioners. His claim was denied and we are wondering if we can appeal, is it worth appealing. Their physician made up her mind before we had a chance to talk and dared us to challenge her diagnosis.....


Asked on 7/02/04, 5:14 pm

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Appealing a Claim

Their denying our claim now allows you to get your own primary treating doctor. I highly suggest that you consult with an attorney who will do the necessary work to get your claim going.

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Answered on 7/22/04, 3:55 pm


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