Legal Question in Workers Comp in California
I suffered a work related injury and my employer classified it as first-aid. I have no qualm with the classification. However, my employer has been slow to pay the treating physician, so now I am receiving bills and phone calls from the physician claiming that I am liable for the bill if my employer doesn't pay.
To the physician I cited CA Labor Code and DIR that say a physician may not bill an employee for treatment of work related injuries, barring denial of the claim. However, the physician claims that since treatment was classified as "first-aid" worker compensation laws and regulations that I cite do not apply.
My question is whose interpretation is correct, mine or the physician's? That is, can the physician come after me for collection based on treatment being classified as first-aid? I say "no." The physician says "yes."
Thank you in advance for your assistance.
1 Answer from Attorneys
Your claim for worker's compensation benefits is either accepted or denied. You need to correctly file a WCAB claim and application for benefits and obtain worker's compensation carrier information and have all doctors bill the insurance company, Feel free to call me at 213-388-7070 for a free consultation.
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