Legal Question in Workers Comp in California

After my PTP was deposed by opposing attny, PTP changed the status of my work from off work (ongoing) to modified work & didn't even tell me. Employer called & said they had modified work & told me my work status changed. I called PTP office & records still say off work ,. I call my attny, & they say don't go in until we receive a statement from PTP in writing. Now IC has cut off my TTD checks indefinitly. Was attny. right to tell me that? & how can I get my TTD back?


Asked on 2/04/10, 10:48 pm

3 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Change your PTP because it seems that this doctor a an insurance company doctor.

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Answered on 2/09/10, 11:04 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

You have an attorney, you should ask him. If you disagree with the PTP regarding returning to work, the proper procedue is to object pursuant to Labor Code Section 4062 and seek and AME or Panel QME to decide the issue of work restrictions. Additionally, your attorney should have attended the PTP deposition. Therefore he has knowledge of the change of status if such was made during the deposition. He should have objected, or sought clarification then.

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Answered on 2/10/10, 9:56 am
George Shers Law Offices of Georges H. Shers

Take a few steps back to consider what it is that you want the final results to be. You always make more money working then being off work. Your employer seems that he is trying to help by making light work available. If you think there is a chance that you could work, why not try it and if the pain is too great go back to your Dr. for him to take you off work. If you insist on staying off work, what do you think are the chances your employer will offer to take you back once you feel ready to return? I am not saying you can or should go back to work, just that you should weigh the consequences together with everything else you are looking at.

Don't blame your Dr. until you find out what happened at the depositon, what the questions and answers were. Some Dr.s realize that it the injured employee does not atempt to return to some form of work within about the first 100 days after the accident, they will never return to that employer.

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Answered on 2/10/10, 2:27 pm


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