Legal Question in Workers Comp in California
Dr. being badgered by wkrs comp people
I had carpal tunnel and ulnar nerve tranlocation sugery just under two weeks ago. My srgeon advised my employer (and the employer advised wrkms comp)that my recovery and absen ce fr. work would be six weeks minimum. Upon my first visit to my Dr. just one week after surgery he advised me he had rec'd a letter (just days after the surgery) from the wrkers comp nurse case mgr. The letter was urging the dr. to consider allowing me to return to wrk w/ modified duties. The Dr. told me no way. But my question is whether or not itis appropriate/legal for the nurse case mgr. to be bugging my dr.? Seems to me wkms comp. wants to get out of paying for my time off. I'd love to get back to my job, but I'm concerned about what woul happen if i were made to return to work without being completely healed, and as a result have to go through this all over again. Can they make me do this?
2 Answers from Attorneys
Re: Dr. being badgered by wkrs comp people
The worker's compensation system is very adversial. The insuarance companies will get away with anything they can. They will pay you the minimum on your claim unless you obtain representation to protet your interests. The worker's compensation insuance companies have attorneys, why don't you?? Call me directly at (619) 222-3504.
Re: Dr. being badgered by wkrs comp people
An attorney could force the insurance company to either change nurses or not have one at all. The law does not require you to agree to a nurse. I suggest that you do not allow the nurse to be present during your evaluations. You are correct that you do not want to return to work until your doctor indicates that it is okay for you. Many people are off work many months after carpal tunnel surgery.
If your have further questions, feel free to call me at 949 856-0852
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