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Third QME Visit next month(California)
#11
I agree with everything 1171 wrote above.

Your attorney works for you. If you are telling him this is a burden for you to attend the QME exam, I do not see how he can state he is also requesting this exam. I do not get that. You need some clarification if he is the one requesting this exam or is it the IC as 1171 also wrote.

Did the I&A officer provide you with some advice on how to move forward if the IC is requesting this exam and how to request the adjuster pay for plane and hotel tickets in advance?

Kibby, keep digging and asking for answers. Sometimes I&A officers are not correct and sometimes applicant attorney's are not correct. It sounds like you are supposed to be reimbursed but I am not sure about them paying for it in advance.

http://www.dir.ca.gov/dwc/MedicalUnit/imchp.html

At the bottom of the page in the link above is the phone number to the medical unit. You can also e-mail them. They may also be some help with answering your questions about this as well. They deal with QME issues and should also be versed in rules about payment for out of state travel.

This is just an idea...How about getting a quote for round trip airfair ticket with the info of a flight that you would need as well as hotel information what hotel and dates you need to stay and estimate? If you put together a letter to your attorney stating you would like him to request your claims adjuster purchase a round trip ticket for this flight on --- and also pay for hotel and give the hotel info and date and contact info this may be helpful on getting the ball rolling and start a paper trail. I recommend reiterating you do not have an income and it would be a financial burden for you to pay this in advance. 

All other expenses like Uber and meals just save receipts and submit them afterward. Again, I do not know if they have to pay in advance.
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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#12
(12-28-2016, 02:39 PM)California_Help Wrote: I agree with everything 1171 wrote above.

Your attorney works for you. If you are telling him this is a burden for you to attend the QME exam, I do not see how he can state he is also requesting this exam. I do not get that. You need some clarification if he is the one requesting this exam or is it the IC as 1171 also wrote.

Did the I&A officer provide you with some advice on how to move forward if the IC is requesting this exam and how to request the adjuster pay for plane and hotel tickets in advance?

Kibby, keep digging and asking for answers. Sometimes I&A officers are not correct and sometimes applicant attorney's are not correct. It sounds like you are supposed to be reimbursed but I am not sure about them paying for it in advance.

http://www.dir.ca.gov/dwc/MedicalUnit/imchp.html

At the bottom of the page in the link above is the phone number to the medical unit. You can also e-mail them. They may also be some help with answering your questions about this as well. They deal with QME issues and should also be versed in rules about payment for out of state travel.

This is just an idea...How about getting a quote for round trip airfair ticket with the info of a flight that you would need as well as hotel information what hotel and dates you need to stay and estimate? If you put together a letter to your attorney stating you would like him to request your claims adjuster purchase a round trip ticket for this flight on --- and also pay for hotel and give the hotel info and date and contact info this may be helpful on getting the ball rolling and start a paper trail. I recommend reiterating you do not have an income and it would be a financial burden for you to pay this in advance. 

All other expenses like Uber and meals just save receipts and submit them afterward. Again, I do not know if they have to pay in advance.

Just talked with an I&a officer and they can't talk to me about anything because I am represented by an attorney :Sad

Also, I did clarify who is requesting me to see the doctor. The doctor is requesting that he see me again because he didn't put everything into his report last time and he needs to update it. My attorney IS NOT requesting I see this guy. I appreciate all the help.
 
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#13
(12-28-2016, 12:00 AM)1171 Wrote: no, it doesn't really matter which side requested it.
the carrier will be just as likely to use the medical information it provides as you.
is your atty a certified work comp specialist?
pooh poohing legitimate transportation expenses for someone in need is very suspicious.

travel expenses for treatment does have to be deemed reasonable but all medical/legal exams qualify for the payment.
he's doing his clients a disservice by not demanding them.
if he's not certified, check out a few others.
caaa.org

Doctor is requesting I be seen again. Its been a year and a half since I last saw him. I asked if it was "defense requesting" and attorney's office only said "not us, doctor is requesting" I'm assuming that means defense. Can't do a hearing by myself without an attorney because I currently have an attorney, that's what the I&A officer said so I am just going to drive as I have to be there in a couple weeks. I have gas cards I can use, I don't have enough money for plane etc
Now the attorney is saying that I may be able to be reimbursed for flights but it would come in the form of my settlement cheque. LOL.
 
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#14
I&A officers are supposed to help all injured workers, even those who are represented. If you call back you should get another I&A officer. Some help represented IW's and others do not. It is up to you if you want to call back. The I&A officer is correct you cannot file for a hearing when you are represented, but your attorney can.

I never heard of a QME requesting the IW come back, unless someone asked the QME for a supplemental report.

I do not understand what your attorney is stating. I wonder if you have a denied claim. This because you have not received any TTD and also what your attorney just told you. Have you asked him why you have not gotten reimbursed with TTD payments?

Save your gas receipts and keep a copy of the mileage you drive. This is a form to request reimbursement for mileage as well as other things.

http://www.dir.ca.gov/dwc/i&a_mileageform.pdf

I recommend to call other workers compensation attorney's in CA about taking your case if you are not happy with your current attorney. It may be difficult to hire a new one being out of state but some have done it.
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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#15
(12-28-2016, 03:39 PM)California_Help Wrote: I&A officers are supposed to help all injured workers, even those who are represented. If you call back you should get another I&A officer. Some help represented IW's and others do not. It is up to you if you want to call back. The I&A officer is correct you cannot file for a hearing when you are represented, but your attorney can.

I never heard of a QME requesting the IW come back, unless someone asked the QME for a supplemental report.

I do not understand what your attorney is stating. I wonder if you have a denied claim. This because you have not received any TTD and also what your attorney just told you. Have you asked him why you have not gotten reimbursed with TTD payments?

Save your gas receipts and keep a copy of the mileage you drive. This is a form to request reimbursement for mileage as well as other things.

http://www.dir.ca.gov/dwc/i&a_mileageform.pdf

I can call other workers compensation attorney's in CA about taking your case if you are not happy with your current attorney. It may be difficult to hire a new one being out of state but some have done it.
I called three different times all three people told me since I'm being represented, its a no go and they can't talk. I never received   any TTD payments because I had went back to work. 

The reason the QME is requesting for me to come back for the third time, is because at the time of the last QME visit I was still doing aqua therapy and he couldn't include the final aqua therapy results into that report. However, it took him a year and a half to request me back. I just want mileage reimbursement plus lodging and food etc. I will probably not get it but I guess the QME visit has to be taken care of.
 
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#16
(12-28-2016, 04:25 PM)kibby Wrote:
(12-28-2016, 03:39 PM)California_Help Wrote: I&A officers are supposed to help all injured workers, even those who are represented. If you call back you should get another I&A officer. Some help represented IW's and others do not. It is up to you if you want to call back. The I&A officer is correct you cannot file for a hearing when you are represented, but your attorney can.

I never heard of a QME requesting the IW come back, unless someone asked the QME for a supplemental report.

I do not understand what your attorney is stating. I wonder if you have a denied claim. This because you have not received any TTD and also what your attorney just told you. Have you asked him why you have not gotten reimbursed with TTD payments?

Save your gas receipts and keep a copy of the mileage you drive. This is a form to request reimbursement for mileage as well as other things.

http://www.dir.ca.gov/dwc/i&a_mileageform.pdf

I can call other workers compensation attorney's in CA about taking your case if you are not happy with your current attorney. It may be difficult to hire a new one being out of state but some have done it.
I called three different times all three people told me since I'm being represented, its a no go and they can't talk. I never received   any TTD payments because I had went back to work. 

The reason the QME is requesting for me to come back for the third time, is because at the time of the last QME visit I was still doing aqua therapy and he couldn't include the final aqua therapy results into that report. However, it took him a year and a half to request me back. I just want mileage reimbursement plus lodging and food etc. I will probably not get it but I guess the QME visit has to be taken care of.
Labor code 4600 E1 says that at the time of notice of QME appointment you must have payment of travel expesnes etc. I guess what I will do is travel and save all my receipts and send it to my attorney to send to IC at the end of the trip.
 
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#17
(12-28-2016, 04:26 PM)kibby Wrote:
(12-28-2016, 04:25 PM)kibby Wrote:
(12-28-2016, 03:39 PM)California_Help Wrote: I&A officers are supposed to help all injured workers, even those who are represented. If you call back you should get another I&A officer. Some help represented IW's and others do not. It is up to you if you want to call back. The I&A officer is correct you cannot file for a hearing when you are represented, but your attorney can.

I never heard of a QME requesting the IW come back, unless someone asked the QME for a supplemental report.

I do not understand what your attorney is stating. I wonder if you have a denied claim. This because you have not received any TTD and also what your attorney just told you. Have you asked him why you have not gotten reimbursed with TTD payments?

Save your gas receipts and keep a copy of the mileage you drive. This is a form to request reimbursement for mileage as well as other things.

http://www.dir.ca.gov/dwc/i&a_mileageform.pdf

I can call other workers compensation attorney's in CA about taking your case if you are not happy with your current attorney. It may be difficult to hire a new one being out of state but some have done it.
I called three different times all three people told me since I'm being represented, its a no go and they can't talk. I never received   any TTD payments because I had went back to work. 

The reason the QME is requesting for me to come back for the third time, is because at the time of the last QME visit I was still doing aqua therapy and he couldn't include the final aqua therapy results into that report. However, it took him a year and a half to request me back. I just want mileage reimbursement plus lodging and food etc. I will probably not get it but I guess the QME visit has to be taken care of.
Labor code 4600 E1 says that at the time of notice of QME appointment you must have payment of travel expesnes etc. I guess what I will do is travel and save all my receipts and send it to my attorney to send to IC at the end of the trip.
 I edited my response because I typed from my phone and it edited to state I would call attorney's for you, but that was not accurate and I think you knew it was a typo.

I believe your attorney is wrong here. I recommend sending your attorney the excerpt you wrote and ask again in writing if he can request your adjuster pay for an air flight or advance you the money. Let him know you cannot afford it and now will have to drive across country for this exam. (I wonder if the insurance company is liable if you get injured driving on the way to this exam or not.) Sometimes placing things in writing is the only way to get action from an attorney. Keep track of mileage and food and hotel. I hope driving or sitting for long periods of time is not within your medical restrictions. They often times do subrosa on patients before or going to and from QME exams.(just FYI) Good luck to you.

I was not aware you were able to return to work. If you were not able to work due to your injury, you should have been paid TTD.
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.
 
Reply
#18
(12-29-2016, 09:24 PM)California_Help Wrote:
(12-28-2016, 04:26 PM)kibby Wrote:
(12-28-2016, 04:25 PM)kibby Wrote:
(12-28-2016, 03:39 PM)California_Help Wrote: I&A officers are supposed to help all injured workers, even those who are represented. If you call back you should get another I&A officer. Some help represented IW's and others do not. It is up to you if you want to call back. The I&A officer is correct you cannot file for a hearing when you are represented, but your attorney can.

I never heard of a QME requesting the IW come back, unless someone asked the QME for a supplemental report.

I do not understand what your attorney is stating. I wonder if you have a denied claim. This because you have not received any TTD and also what your attorney just told you. Have you asked him why you have not gotten reimbursed with TTD payments?

Save your gas receipts and keep a copy of the mileage you drive. This is a form to request reimbursement for mileage as well as other things.

http://www.dir.ca.gov/dwc/i&a_mileageform.pdf

I can call other workers compensation attorney's in CA about taking your case if you are not happy with your current attorney. It may be difficult to hire a new one being out of state but some have done it.
I called three different times all three people told me since I'm being represented, its a no go and they can't talk. I never received   any TTD payments because I had went back to work. 

The reason the QME is requesting for me to come back for the third time, is because at the time of the last QME visit I was still doing aqua therapy and he couldn't include the final aqua therapy results into that report. However, it took him a year and a half to request me back. I just want mileage reimbursement plus lodging and food etc. I will probably not get it but I guess the QME visit has to be taken care of.
Labor code 4600 E1 says that at the time of notice of QME appointment you must have payment of travel expesnes etc. I guess what I will do is travel and save all my receipts and send it to my attorney to send to IC at the end of the trip.
 I edited my response because I typed from my phone and it edited to state I would call attorney's for you, but that was not accurate and I think you knew it was a typo.

I believe your attorney is wrong here. I recommend sending your attorney the excerpt you wrote and ask again in writing if he can request your adjuster pay for an air flight or advance you the money. Let him know you cannot afford it and now will have to drive across country for this exam. (I wonder if the insurance company is liable if you get injured driving on the way to this exam or not.) Sometimes placing things in writing is the only way to get action from an attorney. Keep track of mileage and food and hotel. I hope driving or sitting for long periods of time is not within your medical restrictions. They often times do subrosa on patients before or going to and from QME exams.(just FYI) Good luck to you.

I was not aware you were able to return to work. If you were not able to work due to your injury, you should have been paid TTD.



Sure, if you would like to call my attorney be my guest! No, I knew that was a typo but it was quite funny. So, just a quick update... I'm about to meet with the attorney in person in a couple of hours and I am going to ask him directly to explain the law to me as he knows it since he says that repayment or advances for QME visits out of state are "old law" I am going to pose the question like this; "So, you are saying if I was still living in state that I would have been paid mileage" and if he replies yes I am going to say "Well, if that is the case and defense requested this like you said, someone needs to pay up and I don't care who does it and not through settlement but through the workers comp expedited hearing" Yeah, I am fully aware they subrosa, goodluck finding out where I am other than sitting outside the Dr Office. I should drive past my old house and see if the morons are sitting outside in a car across the street. 

Updated #2 I talked to the Attorney and he says "look at the big picture here, I'm asking for more money for the settlement and you're asking for mileage, I will see what I can do" Also when asked if I lived in state if I would be qualified to receive mileage he says "Yes, but you don't get it if you move out of state I already told you this" Also, he got kinda mad when he found I drove opposed to flying and I told him I have 100 dollars in the bank. He said that it will affect the case because I "drove for that long" even though I stopped EVERY HOUR on the side of the road to stretch for 5 mins at a time. It was a big Pain in the ass and I am really confused if he is right or if he is wrong.
 
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#19
Of course you are confused; he's your lawyer and is suppose to be an expert yet the law and other experts say he's wrong.
Do you know if he is a certified work comp specialist?
You have to decide to stay with him or switch attys..
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#20
(01-09-2017, 06:16 PM)1171 Wrote: Of course you are confused; he's your lawyer and is suppose to be an expert yet the law and other experts say he's wrong.
Do you know if he is a certified work comp specialist?
You have to decide to stay with him or switch attys..

I have no idea if he is certified or not, is there a website where I could double check that? Yes, the only thing I can do now is decide to stay with him or not. I will be making some calls tomorrow to other's and see if they will take it over
 
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