Legal Question in Workers Comp in California

I was injured on the job in 1991 ( herniated L4 & L5 discs ). After several years of treatment and litigation and insurance company paid quack doctor stating I was permanent and stable my attorney talked me into settling for a small sum of money and I was left to deal with my back pain. Now 20 years later I have re-injured my back at work and was sent to a doctor by my works insurance company. This doctor didn't even examine me. He asked some questions. To make a long story short this doctor seems clueless. Still in pain, unrealistic modified work, and he wants me to chase down my old medical records. Can I go to a different doctor that will actually examine me?

Asked on 7/03/13, 6:50 am

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2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN
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You can change your doctor. Did you get hurt at the same job or different job? Because all your prior injuries may have an effect on your case and insurance company would use your prior injuries to prove there is no aggravation. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 7/03/13, 7:09 pm
Nancy Wallace Nancy Wallace
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Did your 'work' issue a denial of the new claim? Did you attempt to re=open a 22 yr old 1991 claim?

Presuming you filed a NEW 'continuous Trauma" or repetitive overuse claim in 2013, your employer should either accept or deny responsibility.

If it's accepted, you are stuck with doctors in the Medical Provider Network and most are jerks (this is how Arnold and your senators 'fixed' workers comp in 2006, and people have been getting screwed every since).

if the new claim is rejected, you get a Qualified Medical Evaluator and he IS entitled to every medical record that exists on you. HE REALLY NEEDS to see how back the injury was in 1991. Trouble is, doctors destroyed all your records in 1998, so nobody can order or subpoena them.

You can pick a new physician within the Medical Provider Network. If the claim is denied, you're stuck with the QME.

Sounds like the insurer failed to get your medical records to the QME prior to the exam. Hence, he's clueless. he can't tell if this is just more of the same you've been treating for 22 years, or something new.

Can you get to a doc who will actually examine you?? Maybe. Probably not on your own, since you have no clue which guys on the network are jerks and which ones will really examine you.

This is why you need a certified specialist attorney... you really need somebody who knows the doctors on the Network and can find the 'needle in a haystack' who will really help you.

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Answered on 7/08/13, 12:16 am

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