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2wheelscowboy · 05-26-2008, 09:47 PM

I have a workmans comp. claim in California for loss of hearing.I worked for that employer for 23 years around loud machinery.I have an apointment with a QME on june 6th.my employer and their insurance company are sending paperwork to the QME.that I was terminated for failing a drug test(which has nothing to do with the case,and the drug test was a false positive,because I do not do drugs and never have,other than allergy medications.)Do they have a legal right to share this information with the QME.? Will this hurt my claim?They also go on to say that they feel my hearing loss is not work related.They are claiming that I worked most of my career in a dept. where the noise leval was below osha standards,but they failed to mention the years I worked in areas where the noise level was way above osha standards. It's bad enough that I lost my job for something I didn't do.Now their trying to take away the compensation I feel I deserve for the hearing i've lost.Thanks for your help.

jayne · 05-26-2008, 11:07 PM

ask for or pay on your own for a drug test on your hair that will prove you right ....

Lilly · 05-27-2008, 08:17 AM

Hi.
Did your company test your hearing periodically at work? The reason i ask is , my company did, and when i lost my hearing in one ear due to a work "heavy lifting" episode, the hearing injury plainly showed up as a dramatic loss, as there was plenty of past records on file to back it up.
If you know that you should have tested negative on drug test....do as Jayne says and have a hair sample taken & have it tested. Yes, mistakes are possible in testing labs. Do a search on this site about drug testing...and there is a good one posted by Bad Boy Bad Boy recently about the same situation.
remember perscription drugs can also alter the test...especially codine, like Tylenol 3. did they say what exactly you supposedly tested positive for?
Good Luck to you. please keep us posted! Lilly Smile

Bad Boy Bad Boy · 05-27-2008, 08:57 AM

Question?

Are you saying you were first FIRED, then after that, you are claiming a lose of Hearing?

1171 · (This post was last modified: 05-27-2008 11:59 AM by WCisBS.)

The QME will require a detailed work history. Make sure you have complete recount of your noise exposure - dates, depts, job duties, etc.
Write it down ahead of time so you include everything.
California has more generous apportionment rules so the "aging" component will be taken out.
California has a limited drug clause in comp law: it only applies if its the proximate cause of the injury. the doctor is entitled to know about it and comment as to its relevance.

chrischris · 05-27-2008, 03:21 PM

The QME will receive what the I/C sends them; i.e.: Medical records, statements, videos, etc. You should receive copies of all the documents the I/C is sending the QME and will have a chance to "object" to anything except medical records.

Just remember though, that at the QME, you can talk about ANYTHING. Do like 1171 said and bring a detailed list of your specific jobs and duties and time frames. If you have any personnel reviews, or medical test results for your hearing loss, bring them also.

Who is your QME, if you don't mind posting, or PM me. Thanks!

Good luck to you!