Legal Question in Workers Comp in California
Benefits
I was examined by a QME and he said I did not suffer permanent disability. I do not agree with his evaluation, however, he left my case open for future treatment. I have been in a great deal of pain and need to see a doctor again. Is there any other compensation besides medical I should be receiving?
3 Answers from Attorneys
Re: Benefits
Your permanent disability rating may vary from 0 to 100% and depends on many factors such as previous medical condition, causation, job description and etc.. Feel free to call us at 213.388.7070 for a free consultation.
Re: Benefits
When you say that your case is left open for future care, that means that it is settled, but this is not something that the doctor can do. This is usually between you and defendant. Assuming however that your case had settled and it is left open for future medical care, then it can be reopened.
Workers' compensation is very complex and trying to handle your own case without the assistance of an attorney is very difficult. If you would like a free consultation, please feel free to contact me at 1.877.505.INJURY.
Re: Benefits
The QME report is not definitive with respect to your disability as you should also have a treating physician report describing Permanent Disability. In addition two recent cases at the appeals board make it much more difficult to find no permanent disability. They consider, for example, whether or not you can return to your previous job. If the final treating physician report finds disability, request a hearing and set the matter for trial to challenge the QME findings.
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