Legal Question in Workers Comp in California

If you have restriction finding no disability is very suspicious and contradictory. Your employer has to find you modified work otherwise you have to be on temporary disability benefits. But most employers will play games and won't give you work but they don't fire you. Feel free to call us at 213.388.7070 for a free consultation.

REALLY WEIRD! I JUST ANSWERED a question from 92346...dangerous place for workers, 92346.

FIRST: you need to challenge the treating physician's findings.

Sadly, that treating physician is 'in bed' with the insurance adjuster... a decent Treating physician would have found "Whole Person Impairment" (rateable permanent disability) if you had a permanent restriction.

But you got an insurance company jerk for a doctor. (Warn the co-workers to run far and fast from this schmuck doctor.)

And, sadly, because you stayed with Jerk Doctor until he declared you Permanent & STationary, you're sort of 'married' to Jerk Doctor now.

ONLY SOLUTION: PANEL QME.

The Workers Comp judge only takes in two reports: the Treating Doctor's and the QME.

It costs you time and patience but no money, so let's get you a QME:

You disagree with the Treating physician and Request a Qualified Medical Evaluation.

DO THIS UNREPRESENTED (no attorney) but only let an attorney (i'll do it free) from the list of three names that will come in the mail in about 3 weeks.

You pick the wrong guy from the list of three, and you'll still be jobless and get nothing... picking the right doctor on your list is EVERYTHING.

HR gave you rotten legal advice: you'll never get Temporary Disability from either the Comp Insurer or the State. Why? BECAUSE YOUR CONDITION ISN'T TEMPORARY.

Your Treating doc says your condition -- effective 9/18 --- is Permanent. You can't get Temporary Disability when your condition is Permanent.

The Temporary Disability application requires that a treating physician 'certify' you as temporarily disabled... the treating doc won't do this, you private physician can't do this on a work injury. HR should have known this but they might just be inexperienced.

CAN THEY LET YOU GO? ABSOLUTELY. An employer has no obligation to make a special new job for a worker with new restrictions. The employer might choose to make something suitable for your new limitations. But the employer does not have to.

RIGHT NOW, YOU ARE UNEMPLOYED, not disabled.

HR doesn't want you to apply for Unemployment Insurance because the employer has to pay back the state for your unemployment checks, so HR will try to talk you out of this.

BUT APPLY FOR UNEMPLOYMENT ANYWAY. and on the application form do NOT answer that you are disabled...that's just asking if you are 100% disabled and your are not .

AND MAIL OFF THAT FORM REQUEST FOR PANEL QME RIGHT AWAY, like today: http://www.dir.ca.gov/dwc/FORMS/QMEForms/QMEForm105.pdf

paste in your browser : http://www.dir.ca.gov/dwc/FORMS/QMEForms/QMEForm105.pdf

Email me at [email protected] if you can't figure out how to do the form, or fax it to me at 909-381-2791 and I'll fill in what I can for you (free).

AND CHECK OUT THIS FREE INFO AND FREE WORKSHOP SCHEDULE: http://www.dir.ca.gov/dwc/WCFaqIW.html#ReturnToWork