Legal Question in Workers Comp in California
I was on workers comp for about a year because of a severe foot injury,and my doc was telling me that workers comp was petitioning me to go back to work. So I was sent back without restrictions and was to see the doc in 4wks. After 2 days on the job my condition started to go downhill rapidly to the point I quit my job on the 6th day because I thought I might end up in the hospital. I spent the next 6 days in bed in pain. That week I received a letter from workers comp stating my disability payment had stopped because I had returned to work and my claims adjuster said she agreed with the doc findings at that time for me to return to work and it was to early to determine if I was P&S but she would have all the info by Sept 15th to make that determination. I made ti to my next appt. and I told the doc what happened and that I had quit. I made sure he documented every ache and pain I had. He sent me for a blood test and put my work status as able to do regular work. He wanted to see me in 2wks. I returned to get my results and he said that my level of rheumatoid arthritis was high, 76 he said normal was 14. He said was going to see if workers comp would approve a referral to a specialist. He said he wanted to see me in 4wks. He changed my work status report to totally disabled pending rheumatoid testing. I returned in a month and told him my condition was the same as before but now I also have a neck injury. He said hadn't received a response yet. That didn't suprise me. He said he was going to try again. He left my work status at totally disabled, pending testing. My next appt is in a mo. the day after workers comp is supposed to make their determination. I don't expect workers comp to approve the specialist. Will this stop them from making a determination on my case and is there any way I could apply for unemployment or state disability, I'm in CA. I have'nt had an income since mid June.
1 Answer from Attorneys
You should not be in a position to leave your disability determination to a claim adjustor whose job is to not authorize anything and deny your disability claim and leave you with no options. You need to retain an experienced worker's compensation attorney. I recommend that if you are treating by an insurance company doctor, to go outside of MPN and request the doctor to certify you for disability and apply for benefits from the State Disability benefits (SDI). Another reason for this change is many doctors and specialist provide thier services on lien basis and they will bill the insurance company. Feel free to call me at 213.388.7070 for a free consultation.
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