Legal Question in Workers Comp in California
WC Claims Adj. & Dr.
I seen a QME who said I need my thumb fused. Now, the Claims adj. wants me to meet with her investagator before she'll schedule a appointment with the Dr. Is this right? She said she wants my medical history. ?
4 Answers from Attorneys
Re: WC Claims Adj. & Dr.
The adjuster will fight you all the way. You should have counsel with you. Fees limited by law to 12% of final settlement or award. Contact me directly.
Re: WC Claims Adj. & Dr.
When I read questions like yours, I always find myself dumbfounded as to why injured workers do not retain counsel.
The adjusters have years of experience behind them and the injured worker usually has zero experience, yet the worker tries to take them on anyway.
With regards to your issue, on one hand, one could argue that the adjuster does not have a right to find out about prior injuries, but being that "apportionment" must be discussed in a med-legal report for the report to be substantial evidence, there may be some entitlement to this information.
In any event, if you would like a free consultation, please call me at 1.877.505.INJURY.
Re: WC Claims Adj. & Dr.
You should request a court hearing on an expedited basis regarding medical treatment. Additionally, file a penaltty for unreasonable delay and demand a premium on the cost of surgery.
Re: WC Claims Adj. & Dr.
Don't agree to talk to the investigator. Let them Depose you and then you have the right to be represented by an attorney and an attorney will prepare you for the deposition. Call us at 213.388.7070 for a free consultation.
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