Legal Question in Workers Comp in California

Type Your Question attorney will not send me my paperwork. I had a mental QME and he told me the case was settled and it was that I get the 6 months of disability that I have been on and that was it. This is a workmans comp vase. I told him if that is all I got then I am going to sue the employer. When I first was swing the physiologist before the QME was assessed the Dr stated that there was also some physical injuries that could be from work so I was sent to a chiropractor who got his 24visits and then told my attorney that I was healed so I had an appointment which I can led because I supposedly healed. The ciropractor called me and said he would still fill out my disability on a cash basis but he was closing my workers comp case. I tried to find another attorney and no body will take me. When I did my depo I messed up on many of the.questions I was told I had 40 days to change the answers but it wouldn't look good. I do not know why I gave the answers I gave but I was definitely still under duress from the job. My attorney sent my employer a letter stating that I was going to sue him. My question is why is am I blacklisted from any attorney and if so why. Who is responsible for sending me the date on the medical QME date and should I see the chiropractor after he has said he is closing my workers compensation case but he will do my disability on a cash basis I do have an injury but he said he is closing the case. Please help me with answers

Asked on 1/10/18, 3:42 pm

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

1. Why are you 'blacklisted from any attorney'? YOU ARE NOT. Psychiatric injuries are extremely UNATTRACTIVE to attorneys, plus sharing fees is extremely unattractive, then a worker how lies under oath (in a deposition) makes you a great risk for another attorney. You represent hours and hours of work for the possibility of no fee. Most psychiatric claims are found non-industrial or found to result in no rateable disability. So, inadvertently, you are asking new attorneys to work for free, and most are telling you 'no thanks' so far.

2. Who is responsible for sending you 'the date on the medical QME date'? The party setting the QME Appointment typically promises the doctor to issue the appointment notice. The party that wants you there should issue the QME appointment if your attorney needs evidence to prove an industrial injury, your attorney should send the Appointment notice. If not, the Adjuster should issue the Appointment notice.

3. If you need the State Disability Insurance to continue because you cannot work, but your injuries are all denied by the insurer, you may choose to pay a chiropractor or any personal physician to assess your disability state and certify you for State Disability Insurance. But that chiropractor 'closed' the billing to the comp insurer, so it sounds like that chiropractor will write now that this disability period is due to NON-industrial injuries.

That may not be what you want.

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Answered on 1/10/18, 7:15 pm

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