California Employment Law
California Employment Law Questions Answered by Legal Experts
I have major damage I would like to recover and the SAP did a really bad investigation to say the least. Her investigation took just about an hour consisting of an interview with me at a restaurant and me filling out her standard questionnaires where I answered every question indicating I did not have a problem. To add evidence that I took the pain meds associated with major medical conditions requiring surgery I submitted pharmacy records to back it up. The SAP's absurd reasoning was that my records indicated I was "shopping for drug doctors." Why would I have such painful surgeries just to get vicodin? Why would it be so easy to fool workers comp? I don't think so. The SAP's main clincher that I was abusing was that I filled prescriptions once at two different pharmacies. My insurance company through my employer kept track of the amount of pain meds allowing only a certain allotment each month. There was no getting more than what was allowed so little chance for abuse. The workers comp doctor would not prescribe more than needed for the condition. When I asked the SAP if she had an advisor to get another opinion to validate her seemingly irrational conclusions she gave me the name of such a mentor SAP. I called this SAP, who worked for SANDIA LABS or some place in Livermore CA. I asked if 6 months residential inpatient was a typical recommendation for a one-time morphine pain med user and se said my SAP was just "erring on the side of caution." In my experience, the word "error" is not the right word to apply to medical or legal cases, but in this case I believe helps my malpractice argument.
Whatever, I know I never abused the pain meds and believe it is up to the SAP to make a convincing case beyond a reasonable doubt and not "err on the side of caution." I will not abide by being dubbed a substance abuser at any time during my life of mostly avoiding drugs, alcohol, and tobacco. Thus I will take this case to the end to clear my good name and reputation.
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