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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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We are besides ourselves, trying to get answers from the department

Resolved Question:

We are besides ourselves, trying to get answers from the department of labor. Our son was in an accident 10 yrs. ago, suffering head trauma and under doctors care since then. Doctors requested our son to have a test done in Neurology and to sign up at place called Passages to help him with his depression. He put in the request in March of 2012, and still has had no answer. I have heard him try and speak to his case worker, Mary Mabra, politely asking why they haven't responded to his request per his doctors prescriptions. She ends up hanging up on him. I was a witness to this, when he tried calling back, all he got was a recording. Needless to say, he goes into a deeper depression.

I have tried for over a week to try to talk to his case worker, Ms. Mabra. But all I got was recordings, that were so fast on how to get online with them, I must have been on the line about an hour, just trying to get the correct wording and lettering to their website. Which didn't get me through.

His name isXXXXX #142012484 XXXXX, Pico Rivera CA 90660
XXX-XXX-XXXX or my cell XXX-XXX-XXXX Mary XXXXX XXXXX

Please help us, we are afraid we are going to lose our son, he is getting worse daily.
This has been going on for ten years, on any requests his doctors have ordered for him.

Sincerely & Desperate,
Mary XXXXX XXXXX
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm very sorry to hear of your son's situation.

I'm unclear how the Department of Labor is involved in this situation, and what agency this case worker works for.

Is this on ongoing workers' compensation claim? Please explain the agencies/companies which are involved in this situation, and I will do what I can to assist you.

Doug
Customer: replied 2 years ago.
P.S. The number we have been calling for the last ten years, for his case worker, is(NNN) NNN-NNNN This is in case you want to give it try. I hope you have better luck than my son Agustin or I did.
Expert:  LawTalk replied 2 years ago.
Is this on ongoing workers' compensation claim? Please explain the agencies/companies which are involved in this situation, and I will do what I can to assist you.
Customer: replied 2 years ago.
Yes it is an ongoing workers' compensation claim, until he decides to settle. He needs to get to a point where he can care for himself and continue w his career. To do this he needs to have test done and rehabilitation.
Expert:  LawTalk replied 2 years ago.
Good morning Mary,

Thanks for getting the critical information I needed.

You need to understand something. A workers' compensation claim is not just like having medical coverage---where if your doctor says you need a test---then the insurance okay's the test and you go get it. A workers' compensation claim litigation----your son has been in a battle for 10 years. The workers' compensation company is on the side of the former employer---NOT your son, and I am very surprised that your son has not encountered dozens of situations like this over the years.

Try and look at it like this. Where your health insurance provider may look at things and, if the test is reasonable, then they approve it. But a workers' compensation carrier many times will take the position that if the test is not absolutely critical---then they won;t immediately approve it---because they have to pay for it. because depression is caused by many, many things---not just traumatic injuries---this is a treatment that they can easily challenge. You don;t mention what neurological test he wants---but I suspect is s not a simple EEG---but something more exotic and that alone would bring about a defensive posture by the carrier.

This is not an issue of simply not reaching the case worker. She may well be avoiding contact because she ha snot received the okay for the test and treatment.

The fact that your son has gotten this far without a workers' compensation attorney is a borderline miracle in my experience. There is no law in CA which will allow your son to force the carrier to pay. He may have to go before the Work Comp Board---in effect the court for the CA workers compensation system and petition for what he wants.

I strongly urge that your son simply hire a local CA Workers' Compensation attorney to help him---someone who battles with the comp carrier for a living and knows what they are doing in litigation. Your son only pays a fee at the end of his case---when he does settle---and that fee is limited in ca to just 15% of the award---so there is really no reason in the world for your son not to be represented. His attorney will be able to get things done that your son can not---and he or she will know how to force the hand of the comp carrier when they don't want to pay.

That is the absolute best possible advise that I could give your son---after all these years, hire a workers' compensation attorney. That is the only way to get aggressive with the comp carrier---because they are not afraid of your son---he almost certainly lacks the skills and experience to fight them---and because of that, they take advantage of him.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it may not have been particularly favorable to your situation, nor what you were hoping for. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided
. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

Doug
Customer: replied 2 years ago.
Thank you very much. We will talk w our son and look into legal representation. If you can just help us w names of lawyers in our area that you would recommend, from what we have heard, not too many lawyers like to go up against the Federal Government.
Expert:  LawTalk replied 2 years ago.
Of course. What city does your son reside in?

Doug
Customer: replied 2 years ago.
Agustin U. Garcia
9211 Aero Drive

Pico Rivera, CA 90660
Expert:  LawTalk replied 2 years ago.
Good morning,

Here is a list of Workers' Compensation attorneys in your son's area who should be able to assist him.

http://lawyers.findlaw.com/lawyer/lawyer_dir/search/jsp/stdSearch_process.jsp?refinedSearchBox=1&keyword=owcp&location=+Pico+Rivera%2C+CA&x=83&y=13



Would you please rate me highly now, based on my assistance to you in understanding the law.


I wish you the best in 2012,

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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