Legal Question in Workers Comp in California
I was injured on the job, not only did they with hold proper care because the company doctor insisted I was fine, but once I was seen by a doctor not employed by the company I needed surgery. Now that I am trying to recover from surgery they are pressuring me to go back to work and pressuring my doctor. Also they have stopped sending me my disability checks now. What do I do? I'm located in southern california
3 Answers from Attorneys
Please contact my office monday morning at 818 385 0520 for a free consultation.
You have two options one is to choose a doctor from MPN which will probably send you back to work or two: ask your doctor or find a doctor to certify you for disability for state disability to pay you until you can go back to work. You need to retain an attorney to refer you to such a doctor. Feel free to call us at 213.388.7070 for a free consultation.
If the iNsurer stopped Temporary Disability Payments, the primary Treating Doctor already wrote you can return to work.
The insurer will not pay when the Treating Doctor writes you are capable of work.
IF this Treating Doctor wrote you are already Permanent & Stationary, you waited too long... you're sort of 'married' to that crazy doc and his opinion.
If Treating Doc wrote "Maximum Medical Improvement" and/or "Permanent & Stationary" then you next step is a Panel QME... that process is going to take almost 3 months.
So (1) try to return to work to prove the Primary Treater is wrong, fail at work and go back to Treating Doc and say you tried and you couldn't do it, and (2) REQUEST A PANEL QME EVALUATION to dispute the finding of the Treating PHysician...
BUT!!!!
IF THE PRIMARY TREATER has not yet declared 'MMI or "P&S", it's not too late to choose a new treating physician.
You could choose a new Treating PHysiciant from the Medical Provider Network "MPN" of your comp insurer.
WARNING: 95% of the docs on the MPN are jerks who will write again you can return to modified duty or even full duty. YOU HAVE TO PICK THE NEW MPN DOC WITH EXTREME CAUTION.
If you don't research the docs on the MPN, odds are you'll get a jerk 'in bed' with the insurer who will just send you back to full duty.
So if you don't know how to research doctors on the internet, you're in desparate need of A CERTIFIED SPECIALIST ATTORNEY with personal experience with Orange county ortho surgeons.... you hire the wrong attorney, or a firm letting secretaries pick the doctors, you could end up with another bad doctor.