Legal Question in Workers Comp in California

My father is in a insurance fight right now but he is not being represented by a lawyer at the moment. The insurance comapny's laywer had sent him to see a doctor to produce a sheet based on my fathers condition to compensate my father in the appropriate amount. The doctors report came listing my father as properly ill, asking for a hefty compensation. This lawyer is now saying she vetoing the doctors medical examination refusing to go to court until a much later date than what was originally requested. We are not sure what to do in this situation, please help!


Asked on 1/02/18, 12:14 pm

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

"the insurance company's lawyer sent him to a doctor" has me befuddled. If the insurer or the insurer's attorney suggested a Primary Treating Physician, then your father AGREED to USE that doctor as the Primary Treating Physician. IF the insurer/atty objected to the findings of the Treating Physician, then a list of 3 physicians is sent to your father by the Medical Unit of Workers Compensation in Oakland, and your father had 10 days to pick one and schedule with the best doctor on the panel. An insurance lawyer cannot 'veto' a doctor's medical examination, but the insurer CAN -- through it's attorney -- object to the findings of the Primary Treating PHysician. IF THAT is what you are attempting to explain, then YES THAT is permitted by the California Labor Code. DO NOT LET DAD PICK the doctor from the list of three physicians, most are insurance-friendly and will write lies about your father. DO A LOT OF RESEARCH ON EVERY PHYSICIAN ON THE PANEL and be certain that the physician HE picks (never, ever let the insurer select) is a physician who is worker-friendly. PICKING THE WRONG PHYSICIAN CAN END ALL BENEFITS.

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Answered on 1/03/18, 9:00 am


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