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Settlement
#11
(09-24-2018, 06:38 PM)1171 Wrote: yes, for complex cases where the worker isn't familiar with the process legal representation is common.
you only have to use the QME process if either party objects to the treating doctors opinion.
A QME has 30 days to issue their report unless they are granted an extension.
https://www.dir.ca.gov/dwc/medicalUnit/faqIW.html
I don't how the how long the board is taking to issue a panel but it's improved since they went to an online system:
https://www.dir.ca.gov/dwc/MedicalUnit/O...quest.html

there is more helpful information in the physicians guide
https://www.dir.ca.gov/dwc/MedicalUnit/toc.pdf

Wow, that’s a lot of information.

I think this is my second qme. I want to choose wisely this time.

It feels like I’m in a corrupted war zone and laws are bent so close to breaking it.

I heard that you can’t sue for these borderline illegal tactics.

Hopefully the good guys will prevail
 
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#12
It’s difficult to bring a civil action for work comp issues when there is a work comp court system set up to handle them; but there are a couple rare exceptions.
The problem is getting an atty to put in the time and money to pursue it; you would need overwhelming evidence."
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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#13
(09-25-2018, 12:21 AM)1171 Wrote: It’s difficult to bring a civil action for work comp issues when there is a work comp court system set up to handle them; but there are a couple rare exceptions.
The problem is getting an atty to put in the time and money to pursue it; you would need overwhelming evidence."

That’s my understand after researching that issue. That leaves the door wide open for carriers to take advantage of. The scary thing is that the legitimate claims are the easiest for carriers to target. They have no reason too believe that anything you say or do will be twisted to used against you. Even if they reported the injury timely, have witnesses and took the necessary steps to be treated by their doctor, their claims are denied for any reason the adjuster feels like writing down. The odds are in the carriers favor and the only penalty if there ever was one is a 15% penalty. If it gets that far, I’m sure they can just say it’s an error due to heavy work load.

I can’t imagine how many injured workers just goes back to their normal job without any treatments. For those that decides to appeal will be stuck in the wcab system until they have lost everything they worked for. There needs to be a bigger fine for errors. I would suggest a penalty system that Increases the fine for repeat offenders.

I read on another board that carriers will not spend money on investigators because of the cost. I don’t think that’s true, I’m sure it’s an open check just to try to prove that workers are somehow working the system. Unless there is a way to check the hours logged for the investigation.
 
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#14
Whether it’s in the comp court or the civil court, justice always takes time and evidence. Where $$$ are involved no one is going to take anyone’s word.

Where/ when in human history has there ever been cheap, quick , and easy justice?

5814 & 5814.6
http://leginfo.legislature.ca.gov/faces/...6.&article=
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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#15
(09-25-2018, 11:17 AM)1171 Wrote: Whether it’s in the comp court or the civil court, justice always takes time and evidence. Where $$$ are involved no one is going to take anyone’s word.

Where/ when in human history has there ever been cheap, quick , and easy justice?

5814 & 5814.6
http://leginfo.legislature.ca.gov/faces/...6.&article=

Does 5814 apply to unreasonable denials?

Does the carrier have to accept claim if qme reports as industrial injury? Are there any benefits while waiting for replacement qme? It looks like 2-3 months to see another qme?
 
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#16
Yes.
Not necessarily. Medical opinion only applies to disability/treatment not to whether you are covered under the law.
SDI can pay and file a lien.
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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#17
(09-25-2018, 04:19 PM)1171 Wrote: Yes.
Not necessarily. Medical opinion only applies to disability/treatment not to whether you are covered under the law.
SDI can pay and file a lien.

Ok thanks
 
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