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I suffered a workers comp injury back in 2013 and have

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lifetime medical for psych and...
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for my PTSD and panic attacks. I have been in therapy for over 4.5 years. The first time I tried to get a service dog the utilization review board denied it due to the insurance company making a comment to the utilization review dr that my wife didn't like dogs which was a lie. At that time we even had a small dog, but he has served only as an emotional support dog and doesn't have the training to serve as a service dog. Can you give me any ideas as to what I could do to increase my chances of getting a service dog?
Submitted: 6 months ago.Category: California Employment Law
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Answered in 14 hours by:
1/9/2018
California Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 125,822
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

First of all, you need to bring a witness to your utilization review, because most of these doctors are quacks who will say anything the insurance company wants them to say. However, you also need to go to your treating doctor and get him to write a report regarding the need for a service dog. Once you have your treating doctor agreeing you need a service dog and bring a witness to the utilization review appointment and let the doctor know you are documenting everything said because you want to make sure there are no mistakes in the reporting, that puts him on notice that you are watching for him lying in his report. Make sure you go to the review with a written signed HIPAA release stating the person with you is authorized to know your personal health information to prevent the doctor from claiming HIPAA as the reason you cannot have the person in the exam with you.

If the doctor lies again, you have documents and a witness and would then be able to sue the doctor for malpractice and seek damages from the doctor.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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