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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1802
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My workers comp claim was denied. Ca I re file?

Customer Question

My workers comp claim was denied. Ca I re file?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Thank you for your question today. I appreciate your patience while I responded to you. Please remember to only rate my answer when you are 100% satisfied. I strive to provide excellent service, so if there is anything else I can help you with, or if you need additional clarification, please do not hesitate to ask. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.


 

Employment-LawExpert :

if your workers comp claim was denied, you can either 1. refile with a doctors note or record relating your injury to an activity at work, or 2. Hire an attorney to take care of all of this for you.


 

Employment-LawExpert :

If you are injured at work, or as a result of work, you are entitled to workers compensation benefits.


 

Employment-LawExpert :

Hello and welcome to the chat


 

Employment-LawExpert :

If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

Employment-LawExpert :

A workers compensation attorney in a case like this would take your case on contingency which means that you would owe nothing out of pocket.


 

Customer: What does the dr's note state?
Employment-LawExpert :

The Doctors note would need to state as a result of the events on x date, or as a result of (whatever happened to you at work) you suffered y injury.


 

Employment-LawExpert :

You just need some medical statement that would link your injury to something that happened at work.


 

Customer: What does the dr's note say to workers comp.?
Employment-LawExpert :

Basically, you need to find out why your claim was denied. Then have a doctors note which directly contradicts the reason you were denied


 

Employment-LawExpert :

If your claim is denied, and you are not able to convince the adjuster that you have a valid claim, then you will need to file for a hearing at the Workers' Compensation Appeals Board in order to fight for further medical treatment, temporary total disability benefits and other benefits.


 

Employment-LawExpert :

However, most of the time, you can get an adjuster to reevaluate your claim if you can provide them with proper medical documentation


 

Customer: What does the doctor write for the note
Customer: T
Brandon, Esq., Lawyer
Satisfied Customers: 1802
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.
The law states "Any mental disorder, whether sudden or gradual in onset, which requires medical services or results in physical or mental disability or death is defined as an occupational disease. The worker must prove that employment conditions were the major contributing cause of the disease."

Accordingly, to recover for stress and anxiety, you need to prove the above.

Section 2626 of the California UI code states that “Disability is defined as ANY mental or physical illness or injury which prevents you from performing your regular or customary work.”

Thus, you will need written proof by a medical doctor stating that you are not fit to work, AND that the reason you are not fit to work is as a result of your work. (this can include a psychiatrist)

Further, you must be undergoing treatment for anxiety, stress, depression or whatever you’re claiming.The doctor would need to state the treatment you need, and/or the medication being perscribed.
Expert:  Brandon, Esq. replied 1 year ago.
I apologize that you felt the need to provide bad service. You have asked exactly what the doctor needs to state. The doctor needs to state:

1. You are diagnosed with stress and anxiety
2. the stress and anxiety is as a result of work
3. the stress and anxiety is preventing you from working
4. You are going to undergo the following treatment as a result of the stress and anxiety.

If you go to martindale.com and type in workers compensation and the town in which you live, you will get a number of qualified attorneys in your area who can help you get all of the necessary information to prevail on your claim.

Further you stated: Bobabebabippity. I apologize, but I do not know what you mean by that. If you can tell me how I can better assist you, I would be happy to do so.

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