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I'm having trouble finding a lawyer (california)
#1
First off, I'm sorry if you find this confusing. I really don't understand any of this workers compensation stuff.
*I live in california*

I've tried getting representation in the past and all lawyers have passed on taking my case and now that I'm coming to a close with my claim (I was sent to a QME and now my adjuster is waiting to hear back) I'm trying yet again to get help. I keep getting turned down or just no call back, why would lawyers do this? I've been out of work for a year now and don't see any chance of going back. I have disc protrusions at L3-4, L4-5 and disc bulging at L5-S1 along with degenerative disease. I've tried aquatic therapy, physical therapy, numerous meds, and my doctor has tried over and over to get injections approved to no avail. Nothing has improved my condition and now the insurance company has even found a way to stop my workers comp checks.

I'm feeling overwhelmed and frustrated because I can't seem to get the help I need. I don't know how to fight the insurance company when it comes to that and I'm scared. Does anyone know why lawyers wont take my case?

If you need more information please let me know.
 
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#2
have you had a rating?
have you contacted certified work comp specialists?
if your doctor has said there is nothing more they can do, then likely they reported you as permanent and stationary or at maximum medical improvement --which stops temporary disability.
if the doctors have said you have permanent impairment then you can get permanent disability advances for awhile until the court approves a final rating.
the carrier is required to notify you as to the reason benefits stopped.
you can find certified work comp attys in your area here
caaa.org
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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#3
have you had a rating? My adjuster told me I was considered 5% disabled, but only until they got the full report from the QME

have you contacted certified work comp specialists? I don't know what that is

if your doctor has said there is nothing more they can do, then likely they reported you as permanent and stationary or at maximum medical improvement --which stops temporary disability. - My doctor has not said there is nothing more to do, he continues to ask for injections everytime I see him but the insurance company does not respond or approve them. I would have to assume that he declared me permanent and stationary since my benefits were stopped. But I am unsure.[b]

if the doctors have said you have permanent impairment then you can get permanent disability advances for awhile until the court approves a final rating. How do I go about that?

the carrier is required to notify you as to the reason benefits stopped.
you can find certified work comp attys in your area here
caaa.org

My biggest problem is that I just don't understand how any of this works and have been unable to get ANY real help anywhere. I've tried calling the state office for workers comp - they just told me I needed to talk to my adjuster. I tried my adjuster and she never makes anything clear.

My biggest problem right now is finding a way to get lawyers to help me. I don't understand why they wont take my case.
 
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#4
request the start of pd advances in writing to the carrier.
your doctor can appeal the denial of injections by following the Utilization Review Procedures.

start contacting the attys on the link i provided. if you still are unsuccessful contact the state bar:
http://www.calbar.ca.gov/ContactUs.aspx
they can put you in contact with your local bar association and they may help you locate an atty.
if you want more information on how the system works start by reading the fact sheets here
http://www.dir.ca.gov/dwc/iwguides.html
you can also find information by reading many of the prior posts by those with california cases:
use the "search" feature at the top of the page and keyword "california"
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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#5
Hi,

I am so sorry your having a difficult time getting the proper care. Where do you fall in Workers comp? meaning State or longshore and harbor workers compensation act, federal ?
and if you do fall under this type of federal, are you a Casual?[/size][/font]
 
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#6
Please forgive me, but I am completely lost as to your last post.

1171 is in my mind, the best source of info.. Especially for CA. He/she has helped a great many people. Some that are still here and others that have long gone.

My issue could be do to my meds.., but 1171 is not injured. Unless something something happened to he/she that I have not heard about.

Hey 1171, did you file a claim without letting us know?????
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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#7
It appears that workers comp is all for ensuring the Insurance company payout as little as possible, regardless what condition the injured worker is in. Usually I would rec. you file an appeal for their "Right to controvert" and request an "Informal Conference" with Your assigned Claims Examiner at the Department Of Labor in your area. If you don't know who your examiner is, call the department of labor and give them your OWCP # and you will be connected to your Claims Examiner who will either give you a date on the phone or will mail it to you. you will meet with the insurance company at the department of labor, who will listen to both sides and give their recommendations. Usually the depart of labor should be looking out for the best interest of the injured, but unfortunately this isn't always the case. So My advice is to do some research, go to the department of labor's web site. There is a lot of information on procedures also go to the Benefits Review Board section and read other cases and rulings. If you don't know your rights you don't have any. You could also become a member of Prepaid Legal Services they offer unlimited calls to an attorney in several areas of law including Workers comp, they will review your documents, make calls for you, write legal letters and find a workers comp attorney for a lot less.

One more thing, just to let you know your not alone. I've wanted to post my situation. Being a Casual Longshore person the grievances are to many. Yet if we don't stand up and be united they will continue to rip off what we are entitled to receive... what's Fair and Reasonable. Instead they try to get us to settle for less, because they are starving us to death.
try to hang in there okay? united we stand divided we fall
 
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#8
You sound well versed in the area of WC. I hope you hang around for awhile. 1) to learn more and, 2) to help others.

Take Care
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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#9
AQA Wrote:Please forgive me, but I am completely lost as to your last post.

1171 is in my mind, the best source of info.. Especially for CA. He/she has helped a great many people. Some that are still here and others that have long gone.

My issue could be do to my meds.., but 1171 is not injured. Unless something something happened to he/she that I have not heard about.

Hey 1171, did you file a claim without letting us know?????

not yet
but the back is really sore the last couple days

maybe some bed rest and a little heat will fix it.
or maybe I'll file tomorrow and see a doctor....
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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#10
Thank you AQA. I have spent many pain staking hours trying to figure out the how to's and why for's. the Wording alone can make the common person pull their hair out. In my case besides needing further medical care, I have been disputing my AWW. I swear to God it took me almost a year to understand title 33 Section 910 (a(b (c. of the ACT. and as far as Attorney's go, sadly I believe they are sleeping in the same bed with the insurance company with the department of labor is right behind them. I refer to them as the "Breakfast Club".

It was the DOL that tried to get me to settle, Stating when I arrived at my Claims Examiners office to meet and see if a date was scheduled for my Informal Conference, as I was leaving town to visit family up north that he states and I quote; "I just got off the phone with Eagle Marine and they said they would settle for $10,000!".

Excuse me? how did my Claims Adjuster know I was stopping by? Hmm?

He wasn't the slightest bit interested in the details of my claim nor the fact that I had not been returned to work or received a disability rating from my treating physician. As for my needed medical care he told me and I quote " Put your injuries on another terminal". And when it came to my AWW either He didn't know and should go back to school or was perked off pretending not to know that when the AWW falls below the minimum there is no calculating the 2/3, which of course my did. and if anyone is familiar with the LHWCA as I stated earlier, Ones AWW is calculated under the guidelines of Section 910 (a (b (c. The first two are basically for the injured worker who worked substantially the whole year immediately proceeding injury 5 to 6 days a week, except section 910 (b is 70% 5 to 6 days a week and receives 260 times the national average wage, where as section 910 (a, receives 300 times the NAWW and then both are [/font][/size]divided by 52 weeks and the 2/3 is applied. Section 910 (c is when the person has not worked substantially the whole year prior to injury 5 to 6 days a week but is discontinuous within the 52 weeks. Meaning they didn't work all 52 weeks and thus should be given a fair and reasonable compensation that reflects the injured workers earning capacity not by the 52 week calculation but by the weeks actually worked.

sorry about going on as I have. I hope I've made some kind of since with the madness. the problem is it doesn't stop there but lets take a break.
 
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