Legal Question in Workers Comp in California

California workmans comp!

I injured my lumbar spine at work on Februrary 28, 2008. My workmans comp claim was excepted.

My MPN Doctor, despite my back pain will not allow me anytime off and told me that workmans comp is a burocracy and if a man can go to work in a willchair, then I should be able to work as long as I am able to walk.

I will see a surgeon on June 11, 2008 to discuss my treatment.

My employer warned me for taking time off without my Doctors permission although I have sick leave. Is their anything I must do?

The area where I work is causing me more discomfort.

I've worked for this major airline for more than 18 years with a good attendance record, could FMLA help me?

Thank you,

Phil


Asked on 6/06/08, 10:38 pm

2 Answers from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: California workmans comp!

You have two options, change physicians to another treating doctor, or disagree with the treating doctor's assessment pursuant to Labor code section 4062 and demand a second opinion from a Panel QME selected from a list. If you are a surgical candidate you can also request a second opinion on the issue of surgery alone.

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Answered on 6/10/08, 11:36 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: California workmans comp!

Yoou can either change treating doctor or find a doctor outside of MPN that will take you off work while you are trating. If you find a doctor outside of MPN then most likely the insurance company will challenge you by not paying any Temporary disability benefits. However, you can apply to EDD for benefits. Contact us at 213.388.7070 if you need representation.

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Answered on 6/10/08, 1:11 pm


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