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Third QME Visit next month(California)
#51
(10-14-2017, 11:16 AM)1171 Wrote: I'm not sure what you are waiting for since you now have an MPN doc.
Yes you can file malpractice; you don't give up those legal rights by have ng a work injury.
The 45 days is for those under active treatment and temporarily disabled.

( I haven,t reviewed the previous 4 pages of posts.)

Not sure what I am waiting on either, I guess the insurance company is dragging their feet to get me approved. However, this should have been done 2 years ago and I should have been TTD according to QME. I was under active treatment and had to move and they never gave me another treating doctor
 
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#52
(10-14-2017, 05:58 AM)kibby Wrote: Hey everyone,
I was just alerted that I am supposed to see a primary care physician every 45 days, is that true? Attorney still won't get me a Primary doctor out of state because at first he said "There is not an MPN out of state, call doctors" I spent days calling hundreds of doctors until he called me and said "well I found an MPN" So, I am waiting on seeing a doctor but its been 2 years since I've seen one. I feel like he should have helped me from the get go, but maybe I am wrong? Is it possible to sue a Work Comp attorney for legal malpractice? After reading my reports, my QME said I was supposed to be TTD a long time ago and the next doctor I should have seen would have written it. I am still out of work, unable to lift more than 10lbs and I am still paying Work Comp bills out of pocket. What would you guys suggest?

If there are no MPN doctors in the state you moved to, I believe the IC is supposed to allow you to see one outside their MPN. It sounds like you got one. It can be difficult to treat out of state due to this issue and also issue of many out of state doctors are not aware of the medical treatment guidelines used for CA WC. Requests from your doctor have to be made on a RFA form. I will send you a link to it if you want. This includes medications, testing's etc. Hopefully once you get a doctor and he starts using the RFA form you will not have to pay for all of the treatment.

Save your receipts for the things you have paid for.

If you are receiving TTD payments you need to verify you are TTD every 45 days. TTD has a max of 104 weeks in CA. Did they ever pay you TTD payments?

This is a link to order a free CA WC guidebook or you can just read the info from this link. It will really help you to read the entire thing. This site has a search box that you can type in subjects you have questions about.

http://www.dir.ca.gov/InjuredWorkerGuide...ebook.html
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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#53
(10-14-2017, 01:38 PM)California_Help Wrote:
(10-14-2017, 05:58 AM)kibby Wrote: Hey everyone,
I was just alerted that I am supposed to see a primary care physician every 45 days, is that true? Attorney still won't get me a Primary doctor out of state because at first he said "There is not an MPN out of state, call doctors" I spent days calling hundreds of doctors until he called me and said "well I found an MPN" So, I am waiting on seeing a doctor but its been 2 years since I've seen one. I feel like he should have helped me from the get go, but maybe I am wrong? Is it possible to sue a Work Comp attorney for legal malpractice? After reading my reports, my QME said I was supposed to be TTD a long time ago and the next doctor I should have seen would have written it. I am still out of work, unable to lift more than 10lbs and I am still paying Work Comp bills out of pocket. What would you guys suggest?

If there are no MPN doctors in the state you moved to, I believe the IC is supposed to allow you to see one outside their MPN. It sounds like you got one. It can be difficult to treat out of state due to this issue and also issue of many out of state doctors are not aware of the medical treatment guidelines used for CA WC. Requests from your doctor have to be made on a RFA form. I will send you a link to it if you want. This includes medications, testing's etc. Hopefully once you get a doctor and he starts using the RFA form you will not have to pay for all of the treatment.

Save your receipts for the things you have paid for.

If you are receiving TTD payments you need to verify you are TTD every 45 days. TTD has a max of 104 weeks in CA. Did they ever pay you TTD payments?

This is a link to order a free CA WC guidebook or you can just read the info from this link. It will really help you to read the entire thing. This site has a search box that you can type in subjects you have questions about.

http://www.dir.ca.gov/InjuredWorkerGuide...ebook.html
My frustration is why did my attorney not get me a doctor for 2 years and then all of a sudden tell me "I found an MPN"  I spent 3 months calling doctors on my own free will asking if they take out of state work comp because  he was so adamant  that there was none and he told my disabled ass to handcall. Hey, I don't work or do anything all day so I may as well. So, as of right now we picked a doctor and we are awaiting WC approval. I could have been TTD 2 years ago... it's ridiculous. Also, paying out of pocket to drive cross country for a QME visit is not fun. He could have put me on a plane for 300 dollars but instead I drove because I had 50 dollars in the bank at that time and he said "find a way here" I tried to change the date that was set but he flipped his lid, literally. I don't see the issue, it had already been a year and a half since the last one and when I got there my own QME asked why I wasn't scheduled sooner saying he was waiting for me to come back. Attorney said that it took QME all that time to send report back, however QME said attorney lost paperwork and was unaware of his report that he sent, thus making the 1 1/2 year lasp in appointments. I don't know what to do anymore. I guess I'll just wait for the doctor they finally found.
Thanks for the info California_help I'll take a look at it.
I found a copy of the RFA form online, but I don't think it can be of any use for me. I can't send in authorization because adjuster will only speak with attorney office, not myself. Same goes with I&W. Hands are tied, so it seems, I literally can't be proactive. It sucks. I'll update you in another 6 months when nothing has been done. I need to find a legal malpractice attorney
 
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#54
Since your claim has already been accepted You don,t have to wait for approval for any doc in the MPN--they are pre-approved.
MPN information here
http://www.dir.ca.gov/dwc/mpn/DWC_MPN_Main.html
Not sure what an "I&W" is...?
I think your experience should lead you to become more informed about the comp process and rely less on others.
The links we,ve provided should help you to make better choices. Keep asking questions, you need to be in charge of your claim as the consequences for missteps fall harder on you.
 
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#55
(10-15-2017, 01:12 AM)1171 Wrote: Since your claim has already been accepted You don,t have to wait for approval for any doc in the MPN--they are pre-approved.
MPN information here
http://www.dir.ca.gov/dwc/mpn/DWC_MPN_Main.html
Not sure what an "I&W" is...?
I think your experience should lead you to become more informed about the comp process and rely less on others.
The links we,ve provided should help you to make better choices. Keep asking questions, you need to be in charge of your claim as the consequences for missteps fall harder on you.

Interesting, that's not what the Insurance Company says. Must be approved. IC company is CIGA(california guarantee association) I'll just drop the attorney, sue him for the back pay TTD for his failure to get me a doctor and keep it moving. I can't keep living with no doctor care or money.
  Sorry, I meant I&A officer. (Most offices have information and assistance (I&A) officers on staff, who provide a variety of services to injured workers, employers and others. A primary duty of I&A officers is to help injured workers who don't have attorneys navigate the workers’ compensation system. Call 1-800-736-7401 for recorded information from I&A staff 24 hours a day, or contact a local office during business hours to reach a live person.)

They can't help me because I have an attorney so I'm stuck with my hands tied behind my back

Thanks for the info though! I've been looking at it.

Have a good one
 
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#56
(10-15-2017, 03:47 AM)kibby Wrote:
(10-15-2017, 01:12 AM)1171 Wrote: Since your claim has already been accepted You don,t have to wait for approval for any doc in the MPN--they are pre-approved.
MPN information here
http://www.dir.ca.gov/dwc/mpn/DWC_MPN_Main.html
Not sure what an "I&W" is...?
I think your experience should lead you to become more informed about the comp process and rely less on others.
The links we,ve provided should help you to make better choices. Keep asking questions, you need to be in charge of your claim as the consequences for missteps fall harder on you.

Interesting, that's not what the Insurance Company says. Must be  approved.  IC company is CIGA(california guarantee association) I'll just drop the attorney, sue him for the back pay TTD for his failure to get me a doctor and keep it moving. I can't keep living with no doctor care or money.
  Sorry, I meant I&A officer. (Most offices have information and assistance (I&A) officers on staff, who provide a variety of services to injured workers, employers and others. A primary duty of I&A officers is to help injured workers who don't have attorneys navigate the workers’ compensation system. Call 1-800-736-7401 for recorded information from I&A staff 24 hours a day, or contact a local office during business hours to reach a live person.)

They can't help me because I have an attorney so I'm stuck with my hands tied behind my back

Thanks for the info though! I've been looking at it.

Have a good one

The RFA form is for your new doctor, once you see him. The IC will only approve requests that come in on one of those forms. I highly recommend to give it to your new doctor, in case he is unaware. Testing's, medications and consults all have to be requested on that form or you may not get any.

It is extremely difficult to sue an attorney for legal malpractice (JMO). I do not know what happened with your situation but many who are out of state have difficulties obtaining medical treatment through work comp.

1171 I understand the rules state they do not need prior approval to see a doctor in the MPN, however many if not most physicians will no longer see injured workers without receiving prior approval in writing from the IC. 

I have had some issues with some I&A officers stating they could not help when I was represented. I just called back and found one who would help. I did not volunteer I was represented either and if asked told them the truth I was represented but having some issues. I was advised by several I&A officers that they are there to help all injured workers, represented or not.
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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