Legal Question in Workers Comp in California

Hello. I got hurt 12/2/2016 at work driving an atv for my job and flipped it. The quad landed on my ankle as I rolled off. I've missed many days of work due to the injury and am unable to work. How to I secure a way to have income to be able to continue to live?


Asked on 1/17/17, 10:03 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

A physician on the comp insurer's Medical Provider Network needs to write you have been TOTALLY TEMPORARILY DISABLED since the accident date. You could try to use a different doctor's report, but the Labor Code says the judge only has to follow a physician on the insurer's Medical Provider Network -- the MPN. If you haven't already, you should have provided a Workers Compensation Claim Form to the company's Workers Comp Insurance Carrier, and the adjuster on your claim should have written you a letter about selecting a physician from the MPN with the MPN Website and an 800 number for an MPN LIaison for those without internet access. Until and unless a physician from the MPN writes you are totally disabled and unable to perform any work and that report is delivered to the adjuster, you could try applying for State Disability Insurance (SDI) at the state's Employement Development Dept at www.edd.ca.gov ... go to www.edd.ca.gov now and start an account today because it takes at least one week for it to process any application, and when they find out you are eligible for Temporary Disability Indemnity payments from the comp insurer, you'll likely be denied and have to request a hearing.

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Answered on 2/01/17, 10:23 am


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