Legal Question in Workers Comp in California
W/C Ins. network Dr. will not see me
Injured L-5/S-1 compression fracture Feb. 2003. I went to my own doctor after being miss-diagnosed by company treating doctors.(30 days after injury). Found to be PS in July 2004. Am now required to use ins co's network of Drs. for treatment(they had denied and stalled on most recommendations from my doctor). Awarded judgement of pd 4.3 years w/ future med. Ins co doctor will not see me, even though he was agreed upon by ins co and me. (he is part of ins. co's network). My pain is real, I want my quality of life back. I have been unable to find employment that can even come close to the income I was earning prior to my injury. I am now over $100,000 in debt do to this fact, have sold everything I own to buy groceries and pay rent, and cannot sleep at night worried about the debt that continues to increase due to interest and penalties. Ins co stated they would like to settle but never gave a figure. There is no way I would be able to figure what the ramifications to my health and monetary costs will be later on(heart desease, diabetes, obesity, etc... due to inability to exercise strenuously). What can I do. Can I sue the ins co for failure to auth adequate medical care or other???
2 Answers from Attorneys
Re: W/C Ins. network Dr. will not see me
In a case where the insurance carrier refuses to provide medical care, you should reques an expedited hearing. Given the complexity of the case, you should probably seek representation or visit the I&A office.
Re: W/C Ins. network Dr. will not see me
File for an expedited hearing and request penalties.