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Psycologist is twisting every thing I say
#1
I recently wrote about a stress injury at my job that has cause me to become extremely despressed. The workers comp insurance company said that I had to see their psycologist while they check out the case to see if they accept or deny. Well, I had my second meeting with the psycologist. She states I can work, (I can't) She is twisting everything I said to her. She started to tell me that I seemed to have an attitude, and I probably was like this when I was working and that is why the owner of the company bullyed and harrassed me. I told her I have gotten like this after the incident - no sleep, unable to eat - nightmares about the employer, depression. ! I told her I would like an appt with a psyciatrist so I can get meds if necessary. This is so worrying to me, that this psyciatrist is so negative about me. I thought they were supposed to help a depressed person, not pass judgement? Help!
 
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#2
I am so sorry to hear about your story, and I have to say, I can understand why you are depressed and anxious about all of this, it is very stressful, I work around a bunch of doctors nurses and therapists, and I have to say the ones with the hardest attitude is the therapist, I think they are just bitter from hearing everyone's problems, I can recommend, that if you want a good therapist, the best ones are the new ones, they aren't tarnished and they are really willing to listen and help, see if you can see someone else, sometimes, just talking it out and a few stress relieving meds for a little while helps, I hope that you can get the help you need.
 
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#3
(05-21-2014, 03:20 PM)052614 Wrote: I recently wrote about a stress injury at my job that has cause me to become extremely despressed. The workers comp insurance company said that I had to see their psycologist while they check out the case to see if they accept or deny. Well, I had my second meeting with the psycologist. She states I can work, (I can't) She is twisting everything I said to her. She started to tell me that I seemed to have an attitude, and I probably was like this when I was working and that is why the owner of the company bullyed and harrassed me. I told her I have gotten like this after the incident - no sleep, unable to eat - nightmares about the employer, depression. ! I told her I would like an appt with a psyciatrist so I can get meds if necessary. This is so worrying to me, that this psyciatrist is so negative about me. I thought they were supposed to help a depressed person, not pass judgement? Help!

Was this evaluator an AME or QME and does your attorney know about this appointment?

It sounds like this was an evaluation to determine if they are going to accept or deny this psych claim. If this was a QME/AME evaluation, they are not there to treat you, they are only there to evaluate you. So to answer your question she is not there to help you IF this is that type of evaluation.

If this is not a QME/AME evaluation and is a treating doctor in the MPN, you can switch doctors anytime and I recommend you talk to your attorney about switching. You can IF this is a treating doctor.

Please know claiming a psych claim can open up your entire life to these people.They can depose you and ask you very personal questions.They can send you to AME or QME evaluators to determine if your psych claim is industrial related and falls under the guidelines.

I recommend taking to your attorney about what you are in for while claiming this as part of your injury. I am not trying to discourage you from proceeding, I just want you to know what these claims entail. Sometimes BS from claiming a stress claim can become more stressful than the initial cause.

If they deny this part of your claim you can then use private insurance to get treatment.

I recommend asking your attorney for a phone or in person appointment to discuss.

The laws about claiming a psych claim in California changed on 1/1/2013 with the passage of SB863. This is a good link to read to understand why type of psych injuries are now covered and what benefits are available.
http://www.cpspsych.com/2013/09/injuries...available/

"Psychiatric, mental or emotional injuries are also recognized under California Workers' Compensation Law , but are extremely difficult to prove. The work stresses must be the predominant cause of the injured worker's problem and the stress cannot arise out of a "good faith personnel action." Claims for psychiatric injury are usually denied by employers and insurance companies and the courts consider almost anything an employer does a "good faith personnel action" unless it is outrageous or illegal conduct.

Psychiatric injuries can also result from a specific event such as a bank robbery or a physical assault on the job, or as a result of a specific injury that has resulted in very serious physical disabilities. These types of psychiatric injuries are easier to prove but in either case the injured worker must have been on the job for at least six months to bring a psychiatric claim at all. "


I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
(05-21-2014, 08:00 PM)California_Help Wrote:
(05-21-2014, 03:20 PM)052614 Wrote: I recently wrote about a stress injury at my job that has cause me to become extremely despressed. The workers comp insurance company said that I had to see their psycologist while they check out the case to see if they accept or deny. Well, I had my second meeting with the psycologist. She states I can work, (I can't) She is twisting everything I said to her. She started to tell me that I seemed to have an attitude, and I probably was like this when I was working and that is why the owner of the company bullyed and harrassed me. I told her I have gotten like this after the incident - no sleep, unable to eat - nightmares about the employer, depression. ! I told her I would like an appt with a psyciatrist so I can get meds if necessary. This is so worrying to me, that this psyciatrist is so negative about me. I thought they were supposed to help a depressed person, not pass judgement? Help!

Was this evaluator an AME or QME and does your attorney know about this appointment?

It sounds like this was an evaluation to determine if they are going to accept or deny this psych claim. If this was a QME/AME evaluation, they are not there to treat you, they are only there to evaluate you. So to answer your question she is not there to help you IF this is that type of evaluation.

If this is not a QME/AME evaluation and is a treating doctor in the MPN, you can switch doctors anytime and I recommend you talk to your attorney about switching. You can IF this is a treating doctor.

Please know claiming a psych claim can open up your entire life to these people.They can depose you and ask you very personal questions.They can send you to AME or QME evaluators to determine if your psych claim is industrial related and falls under the guidelines.

I recommend taking to your attorney about what you are in for while claiming this as part of your injury. I am not trying to discourage you from proceeding, I just want you to know what these claims entail. Sometimes BS from claiming a stress claim can become more stressful than the initial cause.

If they deny this part of your claim you can then use private insurance to get treatment.

I recommend asking your attorney for a phone or in person appointment to discuss.

The laws about claiming a psych claim in California changed on 1/1/2013 with the passage of SB863. This is a good link to read to understand why type of psych injuries are now covered and what benefits are available.
http://www.cpspsych.com/2013/09/injuries...available/

"Psychiatric, mental or emotional injuries are also recognized under California Workers' Compensation Law , but are extremely difficult to prove. The work stresses must be the predominant cause of the injured worker's problem and the stress cannot arise out of a "good faith personnel action." Claims for psychiatric injury are usually denied by employers and insurance companies and the courts consider almost anything an employer does a "good faith personnel action" unless it is outrageous or illegal conduct.

Psychiatric injuries can also result from a specific event such as a bank robbery or a physical assault on the job, or as a result of a specific injury that has resulted in very serious physical disabilities. These types of psychiatric injuries are easier to prove but in either case the injured worker must have been on the job for at least six months to bring a psychiatric claim at all. "

No it is not a QME. The insurance company said I cannot go to my own therapist. I have to go to their doctor. I have seen her twice already and have another appointment in June. But the WC ins co says they will have a decision the first week of June if they are going to deny my claim. I am very disappointed with this therapist, and have asked for a psyciatrist.

 
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#5
You are from California, correct?

If so, you can change therapists. You just need to change to a therapist within your employers MPN (Medical Provider Network) after 30 days.

Ask for a link to this MPN from your employer, and any passcodes and how to access it. There you can do a search for a new therapist.

I suggest calling your attorney today for help. Your attorney should be involved with this, and should be able to pick a doctor for you from the list.

Who picked this doctor for you in the first place? If it was your employer, that may be the reason why you are having issues.

This is a link that discusses MPN's and your rights. If you have further questions you can enter the subject in the search bar.
http://www.dir.ca.gov/dwc/mpn/dwc_mpn_main.html

You should request guidance from your attorney. I suggest calling and requesting a phone or in person appointment. Tell him what is going on with your doctor and your other questions. I also suggest discussing what entails filing a psych claim with workers compensation.


I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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