Legal Question in Workers Comp in California

Workers Comp

I have had my QME and the Doctor agrees that I have a permanate disibility 31%. I have not been to see a Doctor through the WC since June 2nd. I asked to switch Doctors and I have severe pain. I have been having to go to emergency because they wont authorize me to see the doctor my attorney and I selected. Arent they breaking the law by denying me medical treatment when my case is still open? Not only that but they arent responding to any of my attorneys settlement offers, he has had to file a Notice to proceed. They also stopped paying for all of my prescriptions. What can I do?


Asked on 10/02/08, 6:22 am

1 Answer from Attorneys
Samuel Salazar Law Offices of Samuel L. Salazar

Re: Workers Comp

Your employer has clearly violated the Labor Code. You have a potential claim for penalties. Perhaps Sanctions if they are acting in "bad faith". (I contend they are acting in bad faith.)

Talk to your attorney about filing for an Expedited Hearing, penalties and possibly Sanctions against the carrier/employer.

I do not have all of the fact in your case but based on the question I believe these are your options. If the QME stated you do not require the treatment you are seeking, you may have to go to court and get an order from the Judge. Another option is to find a doctor that will treat on a "lien" and the insurance company may be responsible for the lien. You should not, under any circumstances, be required to pay for your own treatment. Further, send the bills for you ER treatmeant to you attorney and have him/her get you reimbursed.

Good luck, I am sure your attorney can help you. If you would like to call or email me directly please do so.

email adress:

[email protected]

Samuel L. Salazar

Law Offices of Samuel L. Salazar

617 W. 7th St. Suite 402

Los Angeles, CA

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Answered on 10/04/08, 8:16 am


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