Legal Question in Workers Comp in California
injured in 2006, still not back at work, don't know what to do?
I started seeing a w/c doctor since may of 06 due to an injury from being on the computer all day, the symptoms were consistent with carpal tunnel & cubital tunnel, but my NCV test is showing no damage, yet I have not been to work since August of 06, b/c my doc gave me permanent restrictions, and my employer has nothing for me with those restrictions. My doc declared me P&S January of 07, saying that I only have tendonitis, so that is not rateable, and also my w/c has stopped paying me as of that date. I'm not sure where to go next, my symptoms persist, and I'm having to just deal with them every day. I also have no income due to all of this, & I'm lost on what my next step should be
2 Answers from Attorneys
Re: injured in 2006, still not back at work, don't know what to do?
It sounds like your doctor failed to comply with ACOEM which compels the doctor to look at the whole person for the purposes of calculating an impairment rating. I am sure that the pain meds you took on a regular basis cause an impact on your internal, your injury had an impact on your psyche, etc. I would object to the PTP's report based upon it's failure to identify all your injuries pursuant to ACOEM, and visit a doctor that is willing to actually assist you. And one more thing...if your employer cannot accommodate you with your restrictions, then you should be considered a qualified injured worker which means that you should be able to get a voucher to attend a voc rehab. couse. If you have any further questions, please do not hesitate to contact my office at 818.385.0520.
Re: injured in 2006, still not back at work, don't know what to do?
The diagnosis and analysis of your treating doctir is not critical and final. You should request a panel QME or AME and make sure that that doctor can objectively report your permanent disabilities. Call us directly at 213.388.7070.
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