Legal Question in Workers Comp in California
work injuries have caused permanent nerve damage in both arms
I have worked for Sac County for 10 1/2 yrs. After 3 1/2 yrs I developed epicondylitis in my R elbow. 3 surgeries,no relief. 1-97 diagnosed same in L elbow - overcompensation for R arm.4 weeks ago, spinal cord stimulator implanted, pain coverage on L side only, more surgery in a few weeks. The Dr the county sent me to for QME (7 times) has not been able to write report of exam without errors on every page. My Dr's are saying work related - I am being denied w/c benefits based solely on the county Dr's reports. I do have an attny but he does not seem to be doing me much good. What recourse do I have and is it possible to sue the county Dr directly? I now have permanent, progressive nerve disease (RSD) in both arms. Please help. Thank you,--name removed-
2 Answers from Attorneys
Re: work injuries have caused permanent nerve damage in both arms
Work injury claims are limited in action to the remedies available under the workers' compensation system. It is unfortunate that you have been unable to get the relief you require however you should be receiving medical treatment for your injuries through your own treating physician. The fact that the county's QME is not resulting in a favorable finding for the county to pay benefits up to this point realize that the matter will eventually go forward to the WCAB for hearing where any issues in dispute will ultimately be decided.And until such time that you are declared permanent and stationary by the physicians as to your injury the matter is not ready to go forward to the WCAB for any determinations on disputed issues including medical.
On the otherhand, if you are being denied benefits such as temporary disabiity benefits from any source, or denied access to necessary medical treatment that a physician has determined is required you can request an expedited hearing to have this issue determined.
Hang in there and try to be strong for the good fight. Once you get declared permanent and stationary you will have the opportunity to go forward to the WCAB to obtain your justice.
Good Luck!
Re: work injuries have caused permanent nerve damage in both arms
My first concern for you is the "progressive RSD". I have handled a number of 3rd Party RSD cases with recoveries as high as seven figures. In my judgement you should be seeing a RSD specialist to prevent the spread of the RSD and to consider the treatments and procedures available to combat the RSD. Workers' Comp should be paying for these treatments and procedures.
You can sue the doctor, if he has committed malpractice. That is, if his services "...have fallen below the standard of care...". Remember that there are strict time limits within which you must file a lawsuit or settle your case. Usually the time limit is one year. There are situations in which you must file a claim within six months of injury.
Remember that the QME was agreed to by your attorney.
Without more information, I cannot advise you as to what other methods of recourse you have.
John Bisnar, Senior Partner. Bisnar & Chase, LLP, Personal Injury Attorneys & Counselors at Law
www.serious-injury-law.com
800-956-0123
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