Legal Question in Workers Comp in California
I have a worker's compensation claim which was settled via a settlement agreement which provides me with future medical treatment. Since there is no money in this for attorney fees I am having to act as my own attorney when requesting and receiving medical treatment. A lot of correspondence is going on between the doctor's office and the insurance company and my employer's attorney without me getting a copy of the correspondence. If I had an attorney I am sure the law would require him to be on distribution, but since I am acting as my own attorney, I am getting left out when I should be on distribution. Who is required by law to provide copies of these communications to my attorney, which in this case is me? Is it the doctor's office I need to demand copies from or is it my employer's attorney and their insurance company?
1 Answer from Attorneys
The Labor Code requires copies of MEDICAL EVIDENCE and MEDICAL REPORTS but not necessarily all correspondence. I don't get copies of correspondence between the defense attorney and billing staff at the clinic -- I have to ask the clinic for copies to prepare my penalty petitions. The person 'in possession and control' of evidence -- EVIDENCE -- is required to 'serve' it in 14 days from receipt, but a letter typically doesn't rise to the level of evidence until there is an active dispute. YOU CAN write to the defense attorney, the doctor's office and the insurer and demand to be included in the Official Address Record for copies of all written communications, and send it with a Proof of Service, but the trouble is if it doesn't work there isn't a penalty for not getting the correspondence. IF YOU HAD AN ATTORNEY and the attorney is still on the EAMS official address record as counsel of record, nobody will pay any attention to any of your letters.