Whose job is it to get me better from my workers' comp injury? My adjuster? My doctor?
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- Опубликовано: 9 сен 2024
- This video reviews how the primary treating physician is the one who steers the proverbial ship as to treatment. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.
Jeremy Lusk is a certified specialist in workers’ compensation with about two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.
No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.
If you have any questions, let us know at questions@mywcguide.com
Love your videos,there so accurate.
Thanks!
My hmo treating doctor got the MRI result for my foot and back, he referred me to foot specialist but never spoke about the back MRI , instead he contacted the insurance company and recommended an IME due to the mri result , my accepted injury is strained back , foot , and ankle.my back mri shows severe pinched nerve , bulging… . Why would a Kaiser hmo doctor recommend the insurance to have me looked by IME ?
An IME is fairly rare in the California system of workers' comp, so it may be that you are outside California. If that's the case, I wouldn't know as I only have experience with California's system. As to why a QME would be suggested by a treating doctor . . . there are a number of possibilities. Maybe to address causation of the back. Maybe to address P&S status of the back. You'd have to read that report or talk to the doctor as to his or her specific reasoning.
I worked 1 day on the job and got hurt no pay stubs ,for a moving company the ramp was unstable I tripped and fell, they denied my claim ,but I been using the 10,000 in thr medical I been seen a chiropractor and ive gotten 3 mris and have issues on all parts,I have a deposition coming up and a qme ,the mri shoed my big toe is broken.and in extreme pain.Woukd it be better to settle a comprised and release after the qme ?
I can't provide recommendations on here as to what people should do. If your deposition has been scheduled, I'd strongly recommend reaching out to an attorney for a consultation. You can hire an attorney to represent you for the entire case, or just for the deposition, and either way it is no money out of your pocket. Either the attorney will bill workers' comp, or get a small portion of your final settlement.
So does a QME also be considered a treating physician if you tell him or she that the primary physician did not really help out with treatments and out of no where labeled you P&S?
No, a QME and a PTP are two different roles. For example, if your PTP shows up as the QME, then a new panel needs to issue. Or if the QME decides to start treating the injured worker, then there will need to be a new QME. For your example, the QME may disagree with the PTP's conclusions, but it sounds like you may need a new PTP.
Hello mr.Lusk, i have a question, so if the defense attorney schedueles me a second visit with the same qme is that some sort of red flag taking in consideration that the qme "ruled in my favor" the first time and what seems now the defense did not like that report..should i be worried?
I couldn't say why a re-exam was scheduled in your case. There are a multitude of possible reasons. I will say that in general a re-exam with the QME is fairly common, so I wouldn't immediately think "red flag."
@@myworkerscompguide thank you!
@@myworkerscompguide it's just that my worry is because the defense attorney scheduled it
@@myworkerscompguide I'm also guessing it's because they did not like the report so they are hoping for a new report that would benefit them more.. unfortunately
@@jaliscomx328 Happy to help inform.