Legal Question in Workers Comp in California

My mother's workman comp case was settled in 2004. In her settlement she was awarded life time medical and penalty fees. Over the years she has been denied treatment and meds and is told its due to new workman comp laws. If you already have a settled case how can laws that are passed after the fact affecting whats awarded to her thru the courts?


Asked on 3/27/15, 7:52 am

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

There is no such animal as "life time medical" in workers comp law... There IS an award of 'future treatment' but that is solely the right to prepare for trial to fight for each pill and each procedure, and only possible treatment on the specific body part listed in the Stipulations With REequest for Award. Your state senator and assemblyman put in a new scheme on treatment which effectively gives injured workers no treatment, SB863... a prominent judge recognized that SB863 left attorneys literally begging insurance attorneys and adjusters on behalf of their client.

The only thing that Mom was awarded was the right to get a Medical Report PLUS a "Request For Authorization" for each medication and each test, that gets reviews (and typically 'non-certified) by a "doctor" who will never see Mom, then mom gets a form in the mail for an Independent Medical Review -- the IMR... and 80% of IMRs are denied by another faceless nameless entity called Maximum after a 4 month delay. WRITE YOUR GOVERNOR, YOUR ASSEMBLYMAN AND STATE SENATOR IN SACRAMENTO and tell them if SB863 isn't un-done you will actively campaign against ANYBODY other than them in the next election.

Read more
Answered on 4/10/15, 8:24 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in California