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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37810
Experience:  Retired (mostly)
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My claims person keeps asking me to complete a DWC-1 and send

Resolved Question:

My claims person keeps asking me to complete a DWC-1 and send a QME request to the Oakland office. Both were done 2 weeks ago and she doesn't remember sending them to me, even though she completed most of the QME form she wanted me to send on to Oakland. I even FAXED her a copy of her letter and forms and a copy of the forms completed. I got 2 more identical mailings from her yesterday letting me know I have 10 days to take care of what I already took care of. Also, I was given disability in the amount of 23, 100 to be paid over 2 years, got one check and now got notice it's on hold. What can I do about this worker? I once called her 5 days in a row and she never called me back until I called her supervisor. We were to have a recorded phone call yesterday, which she set up for 8:30 a.m. I called her and she never called me back.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Send the info certified mail, return receipt requested to the supervisor with a cover letter explaining what's been going on. Make sure you write the tracking number of the certified mail sticker on the actual letter (and each of the other documents), and then make a copy of everything. That way you will have proof that the supervisor received the letter, signed for it, and that you actually sent what you claim to have sent in the letter itself. Send a copy to the claims administrator.

There is obviously something wrong with the claims administrator, and unless you put together a solid audit trail, you won't be able to protect yourself from a subsequent claim that you failed to act within the relevant time period.

This evidence can also get you a lawsuit for damages against the WC agency for negligence in processing your claim.

Hope this helps.

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