Legal Question in Workers Comp in California

Workers comp. Settled case

I injured at wrk in 11/93. i settled my case in 98. I was awarded medical for life for my rt knee hip neck and arm. I have had another surgery on knee (3rd) Nov. of 07. It did not help and Dr. said I need a replacement. Do I have to go through Ur and Ame for a 2nd when I was award medical for life for these injuries, it was stated then I would need a replacement later on.


Asked on 6/25/08, 4:04 pm

1 Answer from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Workers comp. Settled case

The second opinion on surgery will only apply if one of the parties, you or the carrier, request a second opinion. Further, if someone disagrees, given that you have an AME, then the AME doctor will be required to issue a statement regarding the need for surgery. However, again, if there is no disagreement, then I suggest you schedule the surgery. In fact, you might request a surgeron to schedule surgery and see how the carrier reacts.

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Answered on 6/27/08, 4:36 pm


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