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Specialist - Lostandconfused - 07-22-2018

If you are having stress, depression from a hostile work place, are you responsible to see schedule your own appt?

Let’s say that you’ve been having trouble at work because your boss told you he was going to find a way to fire you. You reported to hr but they never replied until you’ve been demoted. They send you to a doctor but he doesn’t specialize in that field. Should the employer schedule for one that does or is it your duty to find the treatment you need?

What can you do in this scenario?


RE: Specialist - 1171 - 07-22-2018

You are under California rules.
Is the claim accepted?
Is this doctor authorized to treat or is it just for an opinion?

You can always go to any doctor at your own expense.
For comp treatment, you can switch to any doctor in the medical provider network at any time.
You can also ask the physician to refer you to someone more appropriate.
https://www.dir.ca.gov/dwc/mpn/DWC_MPN_Main.html
See page 13 in the guidebook on changing doctors
https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter3.pdf


RE: Specialist - 1171 - 07-22-2018

please be aware of the exclusions under Labor Code 3208.3
Especially section (h):
”(h) No compensation under this division shall be paid by an employer for a psychiatric injury if the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action. The burden of proof shall rest with the party asserting the issue.
http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=4.&title=&part=1.&chapter=1.&article=


RE: Specialist - Lostandconfused - 07-22-2018

Not accepted. Doctor said it is not in his field and would talk to his supervisor about recommending if there is anyone in town that will help.

HR gave number to hotline. I believe he did file a claim to Workman comp.

I wasn’t aware of the complex workers comp system so I never knew which steps to take.

In just only knew that if there’s an injury or something that occur during work then your employer helps by sending you to the doctor and get treated then the doctor treats you and you go back to work.

I’m just wondering how many people out there trusted your employer and just follow along not knowing that employer, ic and their first doctor is not really there to help you. Or maybe I was the only one that thought that way.


RE: Specialist - 1171 - 07-22-2018

Since an “ injury” has not yet been shown/substantiated or accepted and you would still have to overcome the personnel action exclusion, you might want to consider expert legal advice.
If so, you can find comp specialists here:
WWW://CAAA.org


RE: Specialist - Lostandconfused - 07-22-2018

It’s been over a year so I’m not sure if a lawyer can help.

That code is rather confusing. Under section G, it says something about a 60 day layoff....can you help put in simple language?

I probably sound like an idiot right about now....

I just like to learn so that this does not happen to anyone else. For anyone that thinks that your employer will be there for you if you dedicated 10 plus years.

You can be the best employee that never misses a day or never took a vacation in ten years and still be terminated for any reason.

Thanks 1171


RE: Specialist - 1171 - 07-22-2018

“G”has to be read in context with “ e”.
Its to keep an employer from giving layoff notices regularly in order to prevent post termination claims.


RE: Specialist - 1171 - 07-22-2018

Yes. Both employers and employees can terminate the job at any time with no reason given as California is an “ at will” state.
https://en.m.wikipedia.org/wiki/At-will_employment