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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 118131
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a work related back injury that has been accepted by

Customer Question

I have a work related back injury that has been accepted by the state of California. My back surgeon believes back surgery would give me the best results as I've tried every other treatment with little or no improvement. Workmans Comp of Ca. Has denied the surgery. What options or recourse do I have to get this reasonable and necessary surgery?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If CA Workers Compensation is denying recommended treatment, you have a right to file an appeal, which is done by filing a suit in workers compensation court against the workers compensation insurer. You would need a local workers compensation attorney to represent you and file and your doctor will be called to testify. Workers compensation would likely request an independent medical examination and the doctors they use are typically quacks who will say whatever workers compensation wants, but in general the workers compensation commission finds that the treating physician's opinion carries more credibility in many of these cases, so the courts typically order that workers compensation provide the necessary treatment recommended by the treating physician.

Thus, your next step is you need to use a local workers compensation attorney, they do not typically require any up front money, and you would have to file your suit in workers compensation and get the workers compensation court to order the surgery.