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question for 1171 and others
#1
I was injured over 2 yrs ago here in Cali. I went back to work full time without restriction over a year ago. I see the workers comp doc every few months just for follow up. I had an atty in the beginning and dismissed him because I didn't want to pursue a case just wanted to get well and return to work. He filed a lien. About a year ago the doctor said I was P&S. About 6 months ago the adjuster requested me to see a QME. They agreed with most but not all of what my doc said so they sent me some money as part of a permanent disability. To get the remainder, the QME would need to concur with my MD on my injury.

I called the adjuster and said I do not wish to receive any more monies. I do not wish to seek medical from them. I just want out of workers comp and be at peace at my job without worry of a QME writing a work restriction for me on his report and then I am out of a job. I said I do not want to see the QME. The employer's attorney filed a motion to compel me to see the QME and the court agreed. The adjuster tells me they can't allow me to drop my case or allow me to skip out on the QME because of this lien.

How can they force me to see this QME when I do not want anything from Workers Comp but to get out of it. Please advise on what I need to do. From what I understand, my doctors have been paid thus far so I don't need to worry about that at least. The adjuster keeps referring to this ex attorney wanting his cut. If I don't want anything, how can he expect anything. Not sure what I need to do or can do, please advise.
 
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#2
baloney. Tongue
workers comp is not mandatory for workers!
what are they going to do send a policeman to your house and drag you to the doctor?!Big Grin
FOR COMP----not remotely likely.
the penalty for your failure to attend the QME most likely will be a suspension of benefits which is what you wanted in the first place!
you need to file a petition to dismiss the WCAB claim.
it will close the court's file and prevent enforcement of the QME.

claimants regularly abandon their claim. they move away and don't notify the court or their atty. cases close with unpaid liens all the time.
this adjuster is a real rookie. do not deal with them-it'll only make you angry and annoys them.
you can contact the I&A officer for a form requesting dismissal or just write a letter to the court with a copy to the carrier and your atty with proof of service.
stating you want to drop the claim and do not wish any additional benefits.

they don't have the dismissal form or proof of service on the DWC website. if the I&A officer won't send you one you can probably get one here(registration required):
http://www.getrecords.com/
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
you can walk away but the lawyer can keep the lien on your record...easier to just attend the the darn thing and get it over with than to fight it....its a few hours out of your day and then its overwith.....it will take you longer to worry about it than to deal with it
........I love cats, I just cant eat a whole one by myself......







 
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#4
(12-17-2012, 10:07 PM)jayne Wrote: you can walk away but the lawyer can keep the lien on your record...easier to just attend the the darn thing and get it over with than to fight it....its a few hours out of your day and then its overwith.....it will take you longer to worry about it than to deal with it

it won't be over with.
there is always more bureaucracy.
next they'll want to finalize the case with some type of settlement.
then they'll want a deposition before they settle
then the court will want a hearing to go over the terms.
then the employer will want to know what's this settlement on his comp bill
etc etc etc.

if he doesn't want to just ignore them, then he should legally close the court case.
that still may not stop a moronic adjuster from pestering him but it cuts off their legal options.
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
1171: thank you for your quick reply and advice. I think you are right about this person being a Rookie. I kept saying to her I can't understand how I can be forced to see a QME for a claim that I don't want or need. I stressed it over and over and kept hearing her BS. I will do what you advised and file those papers. I am so tired of dealing with this, I have other family issues that need my attention and this is a major distraction for me. If I wasn't able to work it would be another story, but fortunately, I have been able to work and would like to continue to do so. Thanks for your expertise with this, I knew I could count on you for the right answer.

(12-17-2012, 09:52 PM)1171 Wrote: baloney. Tongue
workers comp is not mandatory for workers!
what are they going to do send a policeman to your house and drag you to the doctor?!Big Grin
FOR COMP----not remotely likely.
the penalty for your failure to attend the QME most likely will be a suspension of benefits which is what you wanted in the first place!
you need to file a petition to dismiss the WCAB claim.
it will close the court's file and prevent enforcement of the QME.

claimants regularly abandon their claim. they move away and don't notify the court or their atty. cases close with unpaid liens all the time.
this adjuster is a real rookie. do not deal with them-it'll only make you angry and annoys them.
you can contact the I&A officer for a form requesting dismissal or just write a letter to the court with a copy to the carrier and your atty with proof of service.
stating you want to drop the claim and do not wish any additional benefits.

they don't have the dismissal form or proof of service on the DWC website. if the I&A officer won't send you one you can probably get one here(registration required):
http://www.getrecords.com/

 
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#6
sheeesh!
you have to wonder whether the adj is getting a kickback from your lawyer for doing his collection work......
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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#7
if you hired a lawyer to work on the claim he is due some money,ask him what he is due and pay it.Case closed
........I love cats, I just cant eat a whole one by myself......







 
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#8
if you hired a lawyer to work on the claim he is due some money,ask him what he is due and pay it.Case closed
........I love cats, I just cant eat a whole one by myself......







 
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#9
If you dont mind me asking, what were your injuries....? Here in wi you can reopen a claim up to 12 years.. This could be the main reasons behind thier effort if you would be a risk... Even though you fired your attorney, if he had anything to do with you getting your pd he could be able to take you to court for either a % of the pd you recieved or his flat rate fee...

I can and do see where your comming from, but hopefully down the rd you wont regret it.........
 
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#10
(12-18-2012, 10:12 AM)jayne Wrote: if you hired a lawyer to work on the claim he is due some money,ask him what he is due and pay it.Case closed

wrong.
in california no payments to atty without court order.
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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