Legal Question in Workers Comp in California

my son works for COSTCO. Costco tends to cut corners by not having properly working equipment and the flooring is slippery in parts of the store as well. my son slipped and fell a few times, even in front of supervisor...but they only filed about two of the reports. then he realized that because of faulty equipment and high demands of job, he injured joint/tissue in area between wrist and pinky area. they finally got him on Workers Comp, but the first doc even admitted she didn't specialize in that sort of injury and was of no real help (even tried to close his case too soon) she even released him back to reg duty too soon resulting in re injury. his MRI was faulty (according to second doctor) can he request a competent doc (in that field) and a second MRI? new doc wants to do steroid shot (he's 22 and, hose shots aren't good) what rights does he have as far as getting another dr/MRI etc?


Asked on 11/30/12, 12:23 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

Injured workers can pick their own treating physician FROM THE COSTCO LIST.

Costco has it's own Medical Provider Network, "MPN".

Your son received a long letter which he didn't read, saying he could go to the website and pick his own MPN Treating Doc from the list.

Here's the trouble: 95% of those docs are 'in bed' with liberty and Costco, so most are bad choices. most docs on the official list won't ask Costco to spend money.

So it's really stupid to pick a doctor from the list blind.

THAT's where a certified specialist attorney who knows the docs on the Costco list is so valuable.

A certified specialist costs zero up front...the attorney fee comes only at the end and is only 15% of the final recovery.

Can your son request 'a competent' doctor? No, there is no such provision in The Labor Code...if the physician has her MD license and is on the Costco list, she is presumed competent.

Can your son get a second MRI? Likely no. There would need to be some change in condition or passage of time... the insurance company would strongly object to paying another $1500 for the MRI just because somebody said it was 'faulty'.

Before any more 'faulty' studies are done and any more 'faulty' treatment is received, an experience Certified Specialist atty in Workers Compensation needs to represent your son and 'elect' one of the very few competent physicians from the new Costo MPN.

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Answered on 11/30/12, 1:06 pm


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