Legal Question in Workers Comp in Michigan
Help with an out of state claim.
I have a Michigan work comp claim that was initially, 8/96, approved and medical care was provided for a year. I declined the recommended back surgery in July 1997. Since I retained a MI attorney, the company, their attorney and the TPA, GAB Robins, are denying the claim, and dragging it out to a court date in the future. They are denying all medical care and income benefits. My CA doctor says am temporarily disabled, need physical therapy now, which I can't afford, and need vocational retraining for sedintary type work, but my Mich. attorney says he is powerless until we go to court. I can no longer collect unemployment from MI because they consider me disabled, and I have no earnings in CA for disability benefits, so I am applyng for Social Security. Is there anything in the CA law that can help me get medical care restarted, or an income benefit?
1 Answer from Attorneys
Out of State Claim
The workers' compensation board in California has jurisdiction (power to act)only in California cases. I am unacquainted with Michigan law and can offer you no help in that area. My guess is that you are going to have to await your Michigan hearing to get any workers' compensation help, as such. However, you may be able to get public assistance (welfare) aidin California and medical treatment at a public hospital. In Los Angeles, that would includeHarbor UCLA Medical Center or County USC Hospital. In other cities, consult thecounty facilities listed in the front of many directories, or consult with the welfare people. All of this sounds pretty grim. Perhaps a California workers comp attorney could prevail upon some medical care provider to provide care for you on a lien basis awaiting the outcome of your Michigan trial but I have no idea what yourchances of that would be. (DISCLAIMER: This reply is not intended to create an attorney-client ore other ongoing relationship and is provided as a matter of courtesy and information only. Only a detaileddiscussion of your case could provide an attorney waith sufficient information to fully evaluate it.)