Legal Question in Workers Comp in California
Workers comp claim denied despite proof
Employed by Sacramento Cnty for 11 1/2 yrs. In 8-94, diagnosed with acute tendinitis in R elbow. NSAIDS and cortisone inject not effect. Kaiser did 3 surgeries 1. lateral epicondylitis (3-95) 2. radial nerve release (4-96) 3.reconstructive for all cortisone injections. Kaiser adv no other tx available. Switched to HealthNet, found Dr who dx RSD in both arms, ref to Pain Mgt Clinic at UCDMC in Sac. Tried all other tx's - had spinal cord stim implanted 8-2000. (3 more surgs) Pain free until return to work-immediate return of pain in arms. I've been eval by QME for Cnty 7 times-all reports had MANY errors but those were what W/C judge used to base his decision and ruled against me. 8-2-01 primary Dr put me on perm disability. What recourse do I have re my W/C case? (other than appeal) Discrimination re ADA? I have a w/c attny but ?? his ability - suspect client ''overload''. Please adv. Ruling is not justified - how do I prove?
1 Answer from Attorneys
Re: Workers comp claim denied despite proof
Worker's Compensation Apeeals Board decisions may be appealed to the Court of Appeals of the State of California.