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I work for a Shipyard in San Diego. I went to my doctor for…

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I work for a Shipyard...
I work for a Shipyard in San Diego. I went to my doctor for a quarterly check-up. He operated on me after I fell from a ladder. My left shoulder was damaged and he operated. I see him quarterly for check-ups. On March 18 I went to his office. I mentioned that I was having some soreness in my right shoulder. When I got back to work I didn't put in the paperwork right away. I was unsure that there was damage and was wating for the MRI.
My wife and I were scheduled to take a Meditterean Cruise on the 24th of April. During the cruise my doctor filed the claim with my work. After I came back to work, on the 17th of May the Workmens Comp Adjuster called me into her office. She questioned me for approximately 45 minutes and kicked me out of the yard.
I just want to know if my doctor had the right to put in the workers comp claim without my knowledge.
Submitted: 8 years ago.Category: Employment Law
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Answered in 25 minutes by:
6/21/2010
Employment Lawyer: Legalease, Lawyer replied 8 years ago
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,440
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Verified

Hello. If you told your doctor that it was a work related injury or a flare up of a work related injury then the doctor's office had every right to bill the appointment or appointments to the worker's compensation insurer. Typically, if the worker's compensation insurer receives a doctors bill before they receive a report of injury or a flare up of the injury, the insurer will not pay the claim until the matter is submitted by the employee as a worker's compensation claim, they have investigated it and then approved the claim. Unfortunately this process could take a while -- but if the claim was made in April and your husband has still not been paid a worker's compensation check, then his lawyer should be filing a claim with the CA department of industrial accidents to get a hearing date on the matter as soon as possible.

 

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