Legal Question in Workers Comp in California
My Dr. Put me on restricted duty for work due to a back injury that occurred on the job. At the time my employer cannot accommodate my restrictions so I was placed on disability leave. The insurance company has denied my Dr's repeated requests for another MRI because my injury isn't getting any better. Now they want me to go see one of "their" doctors and my employer is trying to put me back to work through a program that puts me to work with my limitations at a different place of employment. I feel that my employer and the insurance company are only worried about their money and not my health. Do I have to take this job even though I have not had additional treatment?
2 Answers from Attorneys
Putting applicants back to work with different employers is a newer program, and I am not sure how it will fly at the of the day. I have arguments against this idea. With regard to your MRI, of course they're denying it. 90% of medical treatment is now denied as "cost containment," at the expense of the applicant. You must appeal the MRI with Independent Medical Review, another big top program operated by circus clowns, paid by the insurance carriers.
Workers' comp is plagued with new laws enacted by our governor in 2013, causing more treatment denials and delays than we could have ever anticipated. I suggest giving my office a call at 877-505-INJURY to set up a free consultation.
I think rejecting a modified work without trying it first would give an opportunity to any employer for a termination and your employer will try to justify the termination for insubordination. There are things you can do to avoid this situation. Feel free to call me at 213-388-7070 for a free consultation.
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