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CA: Motion to Compel to see a QME/AME
#1
My state is California. The insurance adjuster has been trying to set up appointments for me to see a AME or QME doctor since I already reached my maximum improvement status. I have cancelled the appointment with the doctor I believe 3 or 4 times because every time they have set me up to see this guy either I am working or out of town. I have had some family emergencies too. I always gave the adjuster ample notice to cancel and reschedule. I have had I think 3 or 4 different adjusters too so seems like no one communicates to the other. Anyhow, I received in the mail from the Employer's attorneys a copy of a Motion to Compel which they filed in court to compel me to see this doctor stating that I am a no show and billing me for missed appointments. I always cancelled and in fact returned the checks for travel in which the adjuster sent to me. This latest check they sent me, I still haven't cashed. They set yet another appointment date, etc. no ruling from the judge yet I guess its just a motion right now. My question is this, I have no desire to go see this doctor. I don't care to get a penny from workers comp. I have other more important things to worry about than money from them. I work and that is good enough for me. What do I do about this to get them off my back or do I need to address this with the Court. I have not had any treatments for over a year, I have not collected any money since I returned to work in 2010. I wish they would leave me alone. Please advise.
 
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#2
your claim is litigated.
do you have an atty or are you representing yourself?
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
(11-28-2012, 07:09 PM)1171 Wrote: your claim is litigated.
do you have an atty or are you representing yourself?

Hello. I had an attorney in the beginning then I dismissed him when I found out his goal was for me was for me not to return back to my job. So, I am on my own.
 
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#4
If you really want to drop it, contact the local I&A officer at the board and request assistance with a request to dismiss. I would suggest you file for a dismissal without prejudice in the event anything further happens.
 
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#5
(11-28-2012, 09:17 PM)Woodlawn Wrote: If you really want to drop it, contact the local I&A officer at the board and request assistance with a request to dismiss. I would suggest you file for a dismissal without prejudice in the event anything further happens.
my advice exactly.

hopefully formal atty dismissal was filed.
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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#6
(11-28-2012, 09:17 PM)Woodlawn Wrote: If you really want to drop it, contact the local I&A officer at the board and request assistance with a request to dismiss. I would suggest you file for a dismissal without prejudice in the event anything further happens.

Thank you for the good advice. My only question is if I file for the dismissal will my doctors that treated me get paid. I don't want to be responsible for any payments to the doctor if workers comp wont pay them because I drop the case.
(11-28-2012, 09:24 PM)1171 Wrote:
(11-28-2012, 09:17 PM)Woodlawn Wrote: If you really want to drop it, contact the local I&A officer at the board and request assistance with a request to dismiss. I would suggest you file for a dismissal without prejudice in the event anything further happens.
my advice exactly.

hopefully formal atty dismissal was filed.

Hello 1171. Yes I filed a formal dismissal of the attorney about a year ago. I got the forms through the worker comp website and filed it with the court. The attorney then filed a lien for his services if there would be a settlement. I am most concerned that my doctors wont get paid if I dismiss the case. I haven't had any doctors treatments for over a year but the doctor brings me in once a month to ask me how I am doing. Will there be any liabilities for dismissing the case as far as medical bills being paid?
 
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#7
yes, there certainly could be.
if you want them to pay for the medical benefits, you have to cooperate with their request for a QME.
can't have it both ways.

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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