California  |  Workers Comp

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11/03/11, 4:46 pm

Legal Question


I am an anesthesiologist who provided anesthesia services in 2004 to a workers comp injured worker for which the carrier admitted liability. They refuse to pay my claim because they prevailed against the surgeon insisting his back surgery was not necessary. However they paid him a lot of money for office related treatment and the injured worker got paid as well. The patient was in excruciating pain when she came to the surgery center and if I had refused to treat her it would have clearly been patient abandonment. No anesthesiologist is ever in the loop regarding pre-operative authorization. At the first hearing the judge reminded the defendant's attorney that I stand in the shoes of the injured worker ,not the shoes of the surgeon.He also instructed me to give the opposing attorney a copy of the appeals board decision where I had prevailed on a similar case. I added that by failure to preform utilization review and writing a nontimely denial letter any arguments they make regarding medical necessity are moot. The carrier is unmoved. I am due back in court here in California in 1 month. Any pearls of wisdom to offer?


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The Law Offices of Eslamboly & Barlavi has over 20 years of experience helping injured workers all over California. We can help you recover for your injuries as a result of an accident at work. We only get paid if we recover compensation for you. Visit our website or call us for a free consultation about your case at 1-800-LAW-TALK.

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