Legal Question in Workers Comp in California

I have a workers comp case now for 8 years. I fell and hurt my knee at work. I have a lawyer working on this case now for 8 years, I am now retired.

When this first occurred I was going to the dr. that worker's comp indicated. Then after about a year that dr didn't send me to physical therapy or did anything to get rid of my pain.

So i instead chose to go to my own dr through my own insurance but I didn't tell them it was a worker's comp case otherwise they wouldn't take me, but I needed assistance since I was in so much pain. I've now been going to my dr. for issues with the knee I hurt at work and the other knee is now hurting due to the hurt knee causing pain in the good knee. I've had multiple cortizone shots through the year and now I need a knee replacement. My current attorney is asking to contact my current physician Kaiser about all the work they've done to take care of my knee problems since I fell at work. Is that ok for them to do? Since my physician Kaiser doesn't know this was a workers comp case, am I going to get into any trouble with them or have to pay anything back to them? I have been buying my medications and paying for them as well as the dr deductibles as part of my insurance. Please advise if you feel it'll be ok for my attoreny to contaac Kaiser to get my medical records for the worker's comp case? DOes it usually take 8 years for a case like this to complete?

Asked on 5/02/20, 8:59 am

3 Answers from Attorneys


I think your medical documents at Kaiser are very relevant to your case and in order to prove the different elements of your case such as causation he should get your records. these records would really help your worker's compensation case. I wouldn't worry about Kaiser reactions. You need to cooperate with your attorney

Read more
Answered on 5/02/20, 1:05 pm
Nancy Wallace Nancy Wallace Atty at Law

The doctors writing the final report for the worker's comp judge must review all the relevant medical history and medical records -- including Kaisers records -- or the judge cannot use the final report for a decision. A medical -legal report that doesn't include a complete history is NOT 'substantial medical Evidence '. It's a little strange this took 8 years, but not unheard of.

Read more
Answered on 5/04/20, 8:22 am

Your treatment records are very relevant to your case, and in fact will boost your injury claim. You will not be in any trouble for getting the records form kaiser or allowing your attorney to subpoena them. The bigger question is why hasn't your case been settled? Complicated comp cases may take that long, but a simple knee injury shouldn't. Talk to your attorney, and ask to expedite your settlement process.

Read more
Answered on 5/04/20, 9:19 am

Related Questions & Answers

More Workers' Compensation Law questions and answers in California