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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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employer has turned over medical management for treatment to

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employer has turned over medical management for treatment to the insurer's claims service; but it has interfered with approval of effective therapy. Does this toll the statute of limitations, and would filing a w.c. claim allow (my son) to pursue treatment with a doctor of his choice? Thank you Rich xxxxxxx

Was you son injured while working? If so, when did the injury occur?
Customer: replied 4 years ago.


Yes, he was injured while doing his job, on-the-job. his employer acknowleged the work-related injury and the comp. carrier (Chub?) has been supplying medical management and paying the bill.

 

Rich xxxxxxxx

Customer: replied 4 years ago.


It occured over a year ago. He has had surgery, but the Comp carrier delayed approval of P.T. for too long, so the healing occured with adhesions.

Hello Richard,

Did your son file a workers' compensation claim at the time and receive treatment, or has he yet to file a claim?

Unfortunately, the statute of limitations for workers' compensation is one year. Unless he didn't discover the injury or aggravated the injury, he would not be able to file for workers' compensation since he would be past the statute of limitations.

Whether or not he would be able to see his own doctor or not would depend on the type of medical care that he received in settlement or verdict.

Customer: replied 4 years ago.


Does he have to file a claim when the employer- w.c. carrier is paying voluntairly? Does that toll the statute of limitations, or not?


 


Rich

Yes, in order to preserve the claim he needs to file a claim within one year of the injury even if the workers' compensation carrier is paying voluntarily.

It does not toll the statute of limitations if the workers' comepnsation carrier is paying voluntarily.

Customer: replied 4 years ago.


Could you give me the citation of the statute or case that decided this?

 

Can the claims handling entity (Chubb ?) be sued if they handled the claim negligently?

There is no statute or case that states this. There are only statutes and case law in this area that state what can toll the statute of limitations not what does not toll the statute of limitations.

Yes, the handling entity can be sued for bad faith for denying coverage leading to your son suffering permanent damage due to their unjustified denial of coverage.
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