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Third QME Visit next month(California)
#21
The same site I posted before:
https://www.caaa.org/index.cfm?pg=FindaLawyerDirectory
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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#22
Nope, his name doesn't seem to pop up. Oh well, I should have done my research but a couple people recommended him to me at the time and as a dumb 18 year old, I took the first person.
I appreciate everyone's help here, thank you so much!
 
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#23
(01-10-2017, 04:41 AM)kibby Wrote: Nope, his name doesn't seem to pop up. Oh well, I should have done my research but a couple people recommended him to me at the time and as a dumb 18 year old, I took the first person.
I appreciate everyone's help here, thank you so much!
If he's not a member of the applicant attys assoc. then you can find him on the state bar search page. TheY also have a record of those who've been disciplined:

http://www.calbar.ca.gov/Public.aspx

He,s probably handled a few comp cases and gotten help from other attys on them but not done enough to earn a "specialization" cert. He definately will not want to go to court over a comp Issue and will have to settle quickly without much negotiation.

Keep learning about comp; the more you know the better the client you'll be.
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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#24
(01-10-2017, 12:12 PM)1171 Wrote:
(01-10-2017, 04:41 AM)kibby Wrote: Nope, his name doesn't seem to pop up. Oh well, I should have done my research but a couple people recommended him to me at the time and as a dumb 18 year old, I took the first person.
I appreciate everyone's help here, thank you so much!
If he's not a member of the applicant attys assoc. then you can find him on the state bar search page. TheY also have a record of those who've been disciplined:

http://www.calbar.ca.gov/Public.aspx

He,s probably handled a few comp cases and gotten help from other attys on them but not done enough to earn a "specialization" cert. He definately will not want to go to court over a comp Issue and will have to settle quickly without much negotiation.

Keep learning about comp; the more you know the better the client you'll be.

I will keep doing my due diligence. Unfortunately, I have had this attorney for 4 years now. Doesn't look like he has been disciplined but I concur with your statement. 
 
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#25
(01-09-2017, 02:49 PM)kibby Wrote:
(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.

I have zero problem calling an applicant attorney about issues like this.They will state they cannot discuss their client with me though.

You can try calling another I&A officer again for clarification on reimbursement, keep it brief, and do not mention you are represented. I know there are I&A officers who answer questions for represented injured workers. They should be able to answer if you get paid mileage and/or airfare if out of state and QME is requested. This should be something every I&A officer knows. Your attorney's comments stating there is a new rule makes me wonder...unless he is full of 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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#26
(01-10-2017, 08:36 PM)California_Help Wrote:
(01-09-2017, 02:49 PM)kibby Wrote:
(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: 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.

I have zero problem calling an applicant attorney about issues like this.They will state they cannot discuss their client with me though.

You can try calling another I&A officer again for clarification on reimbursement, keep it brief, and do not mention you are represented. I know there are I&A officers who answer questions for represented injured workers. They should be able to answer if you get paid mileage and/or airfare if out of state and QME is requested. This should be something every I&A officer knows. Your attorney's comments stating there is a new rule makes me wonder...unless he is full of it.

The last I&W officer I talked to did indeed say to me if you have to go to a QME, you have to have money for flights food etc up front at time of notice of appointment.
So, I went to the QME yesterday and the next day (today) the attorney called me and said the IC wants to settle for 20k and that I should take it (even tho I just went to QME and the report will be Available in 2 months). He says I should take it becausethe IC company is belly up and the government is taking over and good luck getting money from (ciena, sp). Basically he told me they are willing to settle but the IC is going belly up by next month and if I don't take it now the government takes it over and the government won't give a lump sum. Kinda irritates me that I drove all the way here and he doesn't want to use the report! I won't be accepting the offer because I feel it's really low balling so I will be contacting Other A's tomorrow
 
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#27
You should verify the bankruptcy/receivership status. Claims are settled when a company,s claims are sent to a conservator. If it's a California company, check here
http://www.insurance.ca.gov/0500-about-u...nt/16-clo/
They also have link toOut of state list.

Is this the first time you heard about the bankruptcy? Is it the employer or the insurer? If the employer are they self insured?

They probably talked to the doctor after the exam. You need to find out what rating the doctor gave as it has to support the amount. The settlement won,t be approved without the report.
You also need to have an idea as to how much treatment $$ you will need. Talk to your treating doc.
Looks like you are being given ""the last minute settlement rush." The atty knows you, re ready to bolt and wants to get to the bank fast. Sounds like a lot of smoke is being blown . You might want to send the fire dept to his office.......
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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#28
Yes, this is the first I heard of it. I looked it up and it is indeed being liquidated and the state is taking over.
He says we don't need the new report to settle as they offered a Settlement without the new report. I told him to hold off on answering since I came down here all the way from Southern United States for a damn QME appointment. I will be damned if that report doesn't go to use. QME doctor recommendeds surgery for the 2nd time (never saw a lumbar spine doc the first time for some unknown reason) so we will see what happens. I'm calling other A's in the morning because I think he's been completely negligent
 
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#29
There has to be a medical report on your PD rating before the court will approve a finalization.
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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#30
That's not what he is saying. He says if I wait for report I lose the chance of 20k. I'm consulting with other A's that are certified today and tomorrow before I leave the state and I will get this handled Smile
 
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