Legal Question in Workers Comp in California

I was injured at work but did not have to miss ant time due to the injury. The doctor provided by my work is about 115 miles round trip from my home and each time i've visited their office they tell me they can't really determine the extent of the injury and that although it's not causing me trouble now it may turn into a problem later. So each month I have to drive the 115 miles to the designated physician so he can tell me the same thing. The main problem I have with this is I have been told I have to do this on my time. Had i been out on workers comp i would understand having to go where and when they say. However, I am spending upwards of three hours on my days off with no other compensation than mileage. Is this legal for me to have to continue making these trips on my time?


Asked on 11/13/09, 11:26 am

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

the california code of regulations state that a treating physician must be located within 30 miles of your residence. In this situation I would argue that the carrier is not complying with statute and request another treating physician, which may be a good approach given the extent of the diagnosises. If the carrier cannot provide at least three physicians with the specialization you choose within the 30 mile radius, then you are entitled to treat outside of their network. In other words, you can pick your own physician.

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Answered on 11/18/09, 12:56 pm


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