Legal Question in Workers Comp in California
(Second Opinion) I have been going to physical therapy for a work related injury with my company's insurance and there own doctors. They keep sending me back to work regardless of my pain. I can work at times but other times its impossible for me to even use my injured wrist. Am I a candidate for Temporary Disabilty even though its off and on?
The other thing is I recieved a call from HUman Resources from my employer and asked her if I could seek a second opinion about my wrist with my own doctor and she became noticably flustered and rude. She then stated that if I went outside of their network my claim would be voided. Is any of that true? She would like to keep me working with a work nurse of something like that but it obviously hasnt worked thus far.....
3 Answers from Attorneys
Your employer and their insurance company may play all sorts of game to discourage you from going outside of MPN. Many APN doctors turn blind eyes to your injury and send you back to work with no objective findings. Feel free to call us at 213.388.7070 for a free consultation.
To be quite frank with you, what you are experiencing from your employer's doctor is typical for unrepresented injured workers. There is a reason why there are workers' compensation attorneys. If you would like a free consultation, please call me at 1.877.505.INJURY.
To answer your questions, temporary disability is payable for the time you are off work [withh certailn exceptions not relevant here] so if you are off non-consecutive days you are stlil entitled to TD for those days you are off. The person in HR appears to be an idiot; it is illegal to discriminate against a person because of an industrial injury. You are entitled to seek your own medical opinion and after a certailn period of time your own treatment payable by the employer. As a practical matter, in this economy you need to balance having a job with having to work until you develop pain. You own physlcian can tell you their opinion and whether your working and not resting your limb is slowing down your recovery.
It also seems that your employer does not know how to handle a Workers' Comp. case so that you should go to a applicant's attorney near to where you live or work.
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