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I need help with a workers compensation case in california.

I need help with...

I need help with a workers compensation case in california

Lawyer's Assistant: Has anything been filed or reported?

Yes, here is my situation, I had a repetitive motion injury and filed a claim over a year ago. because the company would not approve doctor visisit i got an attorney shortly thereafter i was approved PT and dovctor appointments and i was discharged back to work upon discharge i let my attorney know that i was fine he advised me he wanted his doctor to look at me so i went to his doctor and i told that doctor i was fine

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

That doctor said he would feel better if he got an mri CALIFORNIA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well i feel fine I just dont know why they want me to get an MRI, and now they want me to do a AME>QME i havent missed any work

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Answered in 3 minutes by:
4/12/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,670
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They want a MRI and medical examination because the insurer wants to make sure it is safe to settle the claim. Many times people say they are cured only to come back later and seek huge judgments. So the lawyer's doctor probably gave a borderline report and the insurer is entitled to get a full and unbiased report from the QME
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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Customer reply replied 10 months ago
In all honesty I really do not have time to do extra appointments. My husband just had a spinal fusion, and I am the sole provider of care for my autistic son. I also commute to work 2 hours. Is there any way I can just contact the insure company and ask that they stop all this?

Thank you for your reply.

I understand that, but if you do not make them and something later comes up, the workers compensation insurer can refuse to cover it. I know it is a huge pain, but you need to make the appointment to settle this claim and be done with it.

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Customer reply replied 10 months ago
if I am understanding correctly there is no way out of this. I am stuck going to these doctor appointments no matter what???

Thank you for your reply.

If you want to get paid on future possible claims, yes. If not the insurer can stop all future payments and you can be stuck. It could be something much worse than just a doctor's appointment and if you are going to tell the doctor everything has healed, then it is just the inconvenience factor, but legally they can force you to go and even can sue you to return the money they already paid if you refuse to go.

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Customer reply replied 10 months ago
I have missed less than a days work. The only money spent has been on doctor visits. I was not paid any workers compensation benefits and I do not see how any future payments would apply. The only thing I am concerned about is if it starts to hurt again
Customer reply replied 10 months ago
Can I try and settle with the insurance company myself?

Thank you for your reply.

If I were representing you, which I am not, I would tell you to take the time and go to the appointment because if not you can permanently damage your case. If you told me you were not going, I would then send you a letter telling you I would be withdrawing from your case for not following sound legal practices.

If there is no permanent injury there is nothing to settle the case on. If you have healed and no permanent injury rating is required, then all you get is medical coverage and time out of work. That is why I said you need to go get the independent exam, let the insurer close the case in the event you hurt again and need more treatment so they will cover it.

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Customer reply replied 10 months ago
If there is no permanent injury( i was given a rating of zero) what happens if I start to hurt in the future? Would I do a new workers comp case or am I forever barred from making a claim.
It is not that I am against going to the doctor but it just seems like my attorney did nothing for the first 18 months. Then all of a sudden he wants me to jump through all these hoops. He is aware that I have alot going on personally and it just seems redundant that 2 doctors have already discharged me. It makes me wonder how many doctors have to discharge me and tell me i am fine.
Thank you for your reply.
If there is no permanent disability and this injury reoccurs, then they would make you open a new claim, BUT can use this old claim and refusal to go to the IME to deny the new claim.
I agree with your sentiments on this, but that is on an emotional level I agree. On the legal level, I know that no matter how much I agree with you, it would be legally improper to refuse to go to this last examination so they can close out the insurance case.
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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Customer reply replied 10 months ago
I do thank you for your honesty. Athough it was not the information I was hoping to hear it does give a perspective. When I do go to the QME/AME do you think they will order an MRI? As I indicated they approved one but it was set for the same time as my husbands spinal fusion. My AME/QME is set for April 25th should i try to do it before or just wait for the AME/QME and see if they will order it?
Thank you for your reply.
Unfortunately, we do not always get to tell customers what they want to hear, we have to tell them what we know to be the truth and what the law is. I prefer to give information customers want to hear, but that is not always what I get either.
I would do the examination whenever the doctor can get to see you. If you want to go sooner and the doctor can see you sooner fine, if not you need to go when scheduled.
I have spent considerable time with you, 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.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,670
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 10 months ago
without a doubt you will get 5 stars

Thank you

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Law Educator, Esq.
Law Educator, Esq.
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