Legal Question in Workers Comp in California

hi there I post a question before here then I get the answer.I want thank you. I have some more questions regarding my injury work case. On Nov 29 11 I lost 2 fingers rigth hand, Im confused now and also worry about my situation.

The follow reazons are maken me unhappy. 1rst everytime I go my doctor appoiments the medical attention is really poor to me cause he doesnt do anything on my hand I mean like clean up he never ask me how I feel, pain, Not even instrucctions how to clean at home , or change dress. even the supplies that I need I dont get anything from him. he just keep telling me about he is going to transplant my toes to my hand. to be honest I dont like him anymore. the problem he is not from the MPN list I talk to the adjuster but she. say just tell him how you feel. I have my index finger allready infected so bad and hurts the pain is so rare. I had to call him to set up an appoiment he saw me the next day but same s.... he said keep washing I will call you in a month for another surgery. no treatment no medicine or something for the infection I didnt get nothing. I h you understand my writtening. WHAT CAN I DO? Another complaint I have this is the 3rd time I get late payment from the insurance or claim adjuster I would like to know exactly what is late pay mean. and who has to pay for my medical supplies. I WOULD LIKE TO TALK TO YOU GUYS I WILL CALL YOU TO MAKE AN APPO.


Asked on 2/29/12, 5:36 am

2 Answers from Attorneys
Alison Gude, Attorney Law Office of Alison J. Gude

You have mentioned several issues that require additional information.

You have the ability to change physicians if you are unhappy with your present one. However, it is likely your physician must be part of the insurance company's Medical Provider Network. Also, some doctors will not take patients who previously had surgery with another physician.

You did not indicate what kind of payments you are receiving from the insurance company. If you are receiving temporary disability payments, you should be paid every 2 weeks. However, sometimes the mail system delays delivery.

You should not be paying for your medical supplies. Keep your receipts and submit them for reimbursement from the insurance company.

I would be happy to meet with you to discuss your workers' compensation case. You may reach me at 415-655-6789.

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Answered on 2/29/12, 3:27 pm
Nancy Wallace Nancy Wallace Atty at Law

If you give me the INSURANCE COMPANY, I can try to find it's MPN and then try to find a REAL doctor on that MPN.

There is no 'medical malpractice' complaint for workers Compensation. So your complaint about the unprofessional medical treatment is something the workers' comp attorneys cannot address.

you CAN take a Medical Malpractice complaint to the California Medical Board. but saying a doctor didnt give you instructions and wasnt kind won't be seriously address by the Medical Board either (unless you hand became infected and fell off).

You can show the Audit Unit for Workers Comp your CHECK ENVELOPES to prove the checks are not going in the mail every 14 days... BUT BE CERTAIN the Postmarks on each envelope need to be more than 14 days apart.

Write the Insurance Adjuster and demand te 15% increase for a late payment, and if refused, copy those post-marked envelopes showing that payments went out more than 14 days apart, COPY THE ADJUSTER WITH THE NOTE TO THE AUDIT UNIT and you'll get your penalty and the rest of your checks on time.

hope that helped.

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Answered on 3/01/12, 10:38 am


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