Legal Question in Workers Comp in California

I have been on w.c. in San Fran., CA for close to 13 years. I no longer receive monetary payments. With two injuries and permanent disabilities plus a compensatory injury it makes my life very stressful. I do not have an attorney, have had 3-4 qme over the years, the last one full of lies, assumptions, inappropriate apportionment, no supporting evidence. I sent QME a letter disputing his report to no avail. I have been ignored by def attorney as well as the claims adjuster. I want to settle this but am unsure how to proceed, do not tell me to get a lawyer, i tried no one wants to get involved this late in the game(by the way I did have a lawyer but she deceided to change areas of expretise) I have been on my own since 2007. Can u help me proceed to settlement and how much should I ask to settle for? I anxiously await your response. thank you.


Asked on 1/17/13, 6:50 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

If you have a Primary Treating PHysician who can rip apart the offending QME report, get that done first. Go through the QME report line-by-line and write clearly for your reporting Primary Treater clear, concise criticisms of the QME findings. When the PTP issues a report discounting and disputing all the QME conclusions, you'll be in a better position to ask for more money.

As you 'no longer receive monetary payments' the insurer is of the opinion all Permanent Disability due has been paid out.

That leaves possible future medical bills for which the insurer might be responsible.

So re-phrase your question with the specific 'future medical' procedures suggested by the Primary Treating Physician and those suggested by the QME -- and note you have received all Permanent Disability due already -- and an attorney might be able to help you.

If the QME report upon which the adjuster is making her decisions says you require only Over-The-Counter medications with no more surgery, no more therapy, no more prescriptive medication and no more injections, there is almost no money the adjuster would have to pay in the future so she wouldn't come up with much more than $4,000...

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Answered on 1/20/13, 1:49 pm


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