California Employment Law
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I had an auto accident while working in HI for a CA company in 2009. I was sandwiched between a car in front and a car in back (the car in back cased the accident. I was taken to a second rate facility which only had x-ray capabilities. The ambulance ride refused to give relief to head even though I let them know most of the ride it was in severe pain. The claim is still going on and now they have denied my head injury after 4 years. Even though all the doctors I have seen have record of my head injury/ pain/ ache, I have not received treatment for the injury. I was just approved last month to receive a CT Scan and the WC Adj denied my visit back to the neurologist to read the report. I paid out of pocket to see the WC Neurologist and he found an osteoma that is growing and states the growth could be caused from my trauma. I did have a slight osteoma back in 2009 on a CT Scan but now it is growing and another new adjuster has been assigned a denied my head injury. They are stating I have to have a neurologist QME now which I am afraid if I prolong the issue, it could lead to even more severe problems. The neurologist has referred me to a neurosurgeon, which they are also denying. PLEASE HELP! I have gone through several different adjusters. I have another new one that has just said NO to everything. They have offered me a 70k settlement to walk away (that was prior to my CT Scan). When I arrived back to the mainland, I received an MRI of my neck which showed herniated discs. I have been in pain for 4 years and have been deemed 33% permanently disabled by a QME. I have other injuries: neck, shoulders, upper back, etc. WC has prolonged settling my case and has said what they will pay for has run out. Additionally, there has been gaps in treatment which has not allowed me to heal. The job I had before, I am no longer able to do. I made a six-figure income down to a zero figure income. I am also curious if I qualify for disability.
I guess I didn't ask the right question. Do I have a case against WC for coverage of my head injury and the lack of treatment they have(not) provided? I also have not had sufficient treatment on my neck, shoulder or upper back. I also have blurred vision, lack of taste, lack of smell and have had 2 miscarriages this year (I'm not sure if its due to the medications, injury or what?).
I have received commission checks every month from the company for past work done. Furthermore, I did perform work for the company in January 2012 so will this qualify me for State Disability?
The neurologist has also requested a MRI & EEG which have both been denied. The orthopedic has requested an epidural which has been denied. The orthopedic also states I will need long term physical therapy which they deny any more PT.
Can an attorney get me the request the doctors are asking for? Can an attorney get me a settlement that will cover future medical and my lack of being able to perform at the same level as before? Do I need an attorney to file for State or SS Disability? Are you able to provide a WC Attorney to represent me in California?
I don't feel I have received any information that I did not already know or have not found on the internet. So I can rate you OK or above, can you give me a listing of possible attorneys that can help me since I'm in GA now and the employer is in CA? Or, do you know of a law firm that has affiliations in both GA & CA that can represent me. Finding an attorney is my biggest problem.
I will research the websites and then rate the service, thank you.
Thank you; best of luck! If you are thinking of rating me anything less than OK, please respond to me first so I can ensure I give you the best service possible. (Although, please remember that I cannot change site rules and that you should not hold me responsible for being unable to violated them).
Hello Al, I hope the sites I listed were helpful.
Please let me know if you need any additional information or have any follow up questions!
(Also, again, please remember to rate my answer positively so I get credit for my work--otherwise the website just keeps your entire deposit and I get nothing for assisting you).
Thanks and best of luck!