Legal Question in Workers Comp in California
Notice of action?
I was injured at work 3 years ago and I am still fighting with the ins. co. who wants to settle at 10% rating that 'their' Dr. gave me, when my treating physician of 2 years rates me 47% (Lower back,herniated discs,fibromyalgia due to injury) what are there chances of accomplishing this? And I just finished voc. rehab. in August 2002, that is the last time I recieved a check from these people,I was sent a notice that my voc. rehab allowance was discontinued but than they also discontinued my permanent disability payments which were supposed to resume after voc. rehab. are they not supposed to send me a notice of action?
1 Answer from Attorneys
Re: Notice of action?
It appears you have no attorney, for an attorney would tell you that you are provided permanent disability advances from your settlement up to an amount the insurance company believes is reasonable, based on what their doctor determines as your disability. When you entered vocational rehabilitation you were receiving VR maintenance allowance. Thus your permanent disability advances ceased. It appears that you have reached the payout for permanent disability advances based on the insurance company's calculations.
The insurance company does not have to provide any more advances. In fact, you may not receive any more money until the case settles. At this point it appears your treating doctor is a doctor of Chiropractic medicine, treating for so long, and the insurance company sent you to an ortho specialist. You do need to see a qualified workers' compensation attorney at this point. Ask your local bar or WCAB office for help. Or you can ask Law Guru. The firm supporting the web site is composed of applicant's attorneys in Los Angeles.
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