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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4964
Experience:  Extensive experience representing employees and management
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MD diagnosed Anxiety caused panic attacks / nausea / lack of

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MD diagnosed Anxiety caused panic attacks / nausea / lack of sleep from chaotic work environment. Prescribed Xanax and said DO NOT RETURN TO WORK for your health. This particular MD does not write letters for worker's comp. In Pasadena, CA, how do we find someone who does?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Joseph replied 9 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Have you asked this doctor to refer you to one who would write a workers' compensation letter for you?

Have you or this person filed a workers' compensation claim yet?
Customer: replied 9 months ago.

about to file a worker's comp claim. do we need coaching on that?

MD did write a note saying she can't work before Monday. This particular Doc's office says they don't write workers comp notes.

 

An insurance broker we know says to go into the front door of the HR office and file a workers comp claim and ask about benefits. Help!

 

Expert:  Joseph replied 9 months ago.
Hello Jeff,

No, coaching isn't necessary before filing a workers' compensation claim.

She should definitely go to HR and request to file a claim. It is only necessary to consult an attorney if she gets push back from the company.

The workers' compensation carrier will likely want to have their own doctor check her out to see if the diagnosis is the same and to determine whether the injury is attributable to work in whole or in part.

If the doctor isn't stating that she shouldn't work at all (wait till Monday to return), you would likely need to find a doctor willing to state that, as this one seems to want to stabilize her condition, but doesn't seem to believe that she can no longer work because of it.

There's also the potential for her to apply for state disability insurance benefits if she needs to take time off work due to anxiety, stress, etc., but may be able to return to work in a few weeks, months, or anything up to a year.
Customer: replied 9 months ago.

Joseph, thank you again. Her MD indeed said she shouldn't work until Monday.


 


My layman's understanding is that stress related claims can be difficult to substantiate and most company doctors will push back. Not to put the cart before the horse, but then do we need to find for a doc who will?


 


Is it very risky to hire an attorney to find a doc (our first 2 inquiries say they NEVER write workers comp letters!) to potentially prevail vs. value of benefits for 7 months remaining in school year?


 


Please educate us!

Expert:  Joseph replied 9 months ago.
Yes, stress claims are very hard to prove and prevail upon. Finding a doctor to support you is best.

I'm not sure what you mean by this. Workers' compensation attorneys don't get paid upfront anyway, so if you can find one who wants the case, by all means, you should hire him or her, especially if he or she can help you find a doctor to support the case.

I'm not sure what you mean about benefits for 7 months in a school year?

Customer: replied 9 months ago.

Sorry for lack of clarity.
Are worker's comp attorneys only contingency? Seems that there is some risk in paying an attorney and losing a claim "hard to prove and prevail upon"


 


If her contract is for 7 more months this school year, what is her economic upside with the benefit?

Expert:  Joseph replied 9 months ago.
Yes, they can only take cases for percentages.

I'm sorry, but I don't really get your second question, and it really is separate from your initial inquiry.
Joseph, Lawyer
Satisfied Customers: 4964
Experience: Extensive experience representing employees and management
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Expert:  Joseph replied 9 months ago.
Hello Jeff,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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