Legal Question in Workers Comp in California

can a employer force you to see their own doctor,or can u legaly see one of your own?


Asked on 1/19/12, 10:32 pm

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4 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

It really depends on whether or not your employer violated any Labor Codes or regulations in connection with the MPN. This is a very complex issue which requires a legal consult in order to determine whether or not you're required to treat within the MPN.

Sometimes there are doctors within the MPN who are really applicant friendly, and other docs who crush the applicant. I think without an attorney on your side it would be impossible for you to know the good docs from the bad docs.

Please check out my website at www.lupofflaw.com.

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Answered on 1/19/12, 11:10 pm


Nancy Wallace Nancy Wallace Atty at Law

FOR A WORK INJURY: If you want Treatment (and Disability time) ok'd by the Comp Insurer, you must use a doctor in the Comp Insurer's "network" ... known as the Medical Provider Network (MPN).

Almost all Comp Insurers have networks, but a couple don't. If your company's Comp Insurer doesn't have that Medical Provider Network, then the rules say the 'employer' gets to choose your Treating Doctor for the first 30 days after the injury.

14 days after the injury, you should receive a letter from the Comp Insurer showing you the Web Address for that insurer's MPN, and you should be able to get into that network of docs and try to find a good guy...

....trouble is, most of the guys on the MPN are NOT good guys. So do A LOT of homework on the MPN docs before you choose one. If you don't research the MPN doc, you could end up with a Doc 'in bed' with the insurance adjuster who won't ask for any helpful treatment for you.

...IF THE INSURER doesn't accept responsibility for your injury -- if you get a "DELAY" notice from the Adjuster -- then you can go to your own doc. There is $10,000 of liability for treatment when an Inurer fails to either accept or deny a claim.

Hope that clears up this wacky system just a little!!!

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Answered on 1/20/12, 12:32 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/20/12, 1:44 pm

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