Legal Question in Workers Comp in California
I was injured at work and am being harassed for it. The HR has constantly called and interfered with my doctor's visits. She has lied to the doctors about my status. The modifications are not being met. My doctor said he has never seen this kind of 'roadblock' treatment by a company before. Can I sue for harassment, workplace hostility, and pain and suffering?
1 Answer from Attorneys
There is no 'harassment' 'workplace hostility' nor even 'pain and suffering' in Workers Compensation recovery.
You COULD switch to a Treating PHysician who refuses to accept any calls from the employer.
You COULD switch to a Treating Physician who labels you Totally Temporarily Disabled to finish recovering because the employer refuses to comply with his specific and well-written modified duty details.
A 'roadblock' to treatment does NOT come from the employer, but from the Insurer.
The insurer sends every written "Request For Authorization" for each treatment procedure to a Utilization Review "UR" physician who -- 99% of the time -- writes back that the requested procedure is not recommended and not in the ACOEM Guidelines.
If your treating doctor is just phoning the insurance adjuster for authorization and not issuing written Requests for Authorization to the adjuster, you'll never get any treatment procedure.
If your treating doctor is sending REquests for Authorization to the employer and not the insurer, you'll never get any treatment procedure approved.
Your brilliant State ASsemblymen and State Senators decided this was the best system to 'fix' workers comp...it didn't work, but it made Comp Insurers wealthy so they could contribute more to campaigns. (people have overdosed themselves to death awaiting treatment, but still they won't change the law.)
Give your physician a letter that you did NOT give permission for him to have private conversations with the employer out of your presence, that you require all communication from him and his staff IN WRITING with a COPY TO YOU.
When the doctor's staff hangs up on the HR callers, those calls should stop.