Claim Rejected!!!!

[onewhopounds]

claim denied!

I live in California. I was injured about 8 years ago. I filed a claim with work comp. I was off work about 6 months. I just recently injured my back. My companies work comp carrier is denieng my claim. What can I do?

[stiffnecked]

Not much. You could try contacting an attorney. How are you tying the old injury and the new injury together? 8 years is a lot of time...

[chrischris]

Assuming............ your doctor said your injury is 100% due to your prior injury that was settled by compromise and release, would give your I/C basis to deny your new claim.

You need to request a PQME and provide medical evidence to the PQME that your new injury is at least partially related to your current work situation. The PQME will determine if your injury is related to your current work. You can also hire an attorney to help you. If you hire an attorney, you will be sent to an AME for determination. An attorney consultation is free.

PQME/AME Fact Sheet: http://www.dir.ca.gov/dwc/FactSheets/FactSheet_E.doc

[rholmes]

Hi Onewhoponds.


You say 8 years ago you filed a claim? Did you finally settle and get open medical or did you settle with closed medical?

[1171]

You can appeal to the work comp appeals board.
Contact the I&A officer to get information about filing.
You'll have to have supporting evidence on the issue.
You can find contact information on your local I&A office
here
http://www.dir.ca.gov/DWC/dwc_home_page.htm

[onewhopounds]

rholmes Wrote:Hi Onewhoponds.


You say 8 years ago you filed a claim? Did you finally settle and get open medical or did you settle with closed medical?

[frustratediw]

Your initial is not exactly clear as to whether the first injury is the same or related to the current injury. If it is then much depends on whether that claim was settled and how. If this new injury is completely different and unrelated then you will definitely need to appeal the denial. As 1171 said start with the I&A officer. Your other alternative is to find an attorney that will handle the case.