Legal Question in Workers Comp in California

I had a work related back injury in August of 2008. I've been seeing an ortho specialist since December 2009. He performed a spinal fusion in January 2012. I returned to work in August, 2012. The doctor was going to make me P & S on August 22, 2012, however, a student push me and knocked me over on August 21, 2012. My employer considered it a new injury, not a reinjury, and since they had changed insurance carriers, I had to see a different doctor. On January 17, 2013, the insurance carrier from injury 1 stated that the doctor for injury 1 was no longer in the MPN, and that if he did not make me P & S on January 30, 2013, that I would have to go the QME on February 20, 2013, and that I could no longer received treatment from Doc. #1. From what I understand, I can request continued care from Doc 1 and have up to one year to find another doctor. Also, Doc #2 just made me P & S on 1/25/13. Can the insurance carrier force me to see the QME or can I continue with doc#1 and have him make me P & S as he deems appropriate?


Asked on 1/26/13, 9:51 pm

1 Answer from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

If the second insurance company disputes certain aspects of your new claim like apportionment between the new injury and old injury then then can request a QME or if you are represented a AME. ( which is better for you most of the times). Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/27/13, 10:15 am


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