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beginning stages, what's the drill?
#11
I Agree with the Others that if it's Work Related, it should go through w/c. It May be Hard to See from this Forum, because Most of Us on Here have been Treated Either Unfairly due to Wage Issues, or Medical Care, or Both, but We are a Small Part of the W/C System! Approx. 80% of all w/c Claimants are Treated Fairly, Medically Cared for, and Return to Work. We are the Ones that Our Cases got Complicated, and w/c turned Their Backs on Us, and We now have to Fight to Protect Our Rights, and get the Care We Need! Best of Luck, it's Your Decision, and I'm Sure You will make the Right One, One You can Live with and will give You the Proper Care!Wink
 
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#12
Thank you all for your perspectives and information. I deliberated carefully over the weekend and determined I should follow through with Workman's Comp. I called my HR rep this morning and she was the most cheerful gal, full of information on what forms I should fill out and to what fax number I should send them.

So I asked about the company's WC doctor and was given one referral locally. He is a doctor who works at a walk-in emergency clinic. I got my "paperwork ducks" in order, the authorization and WC insur. info sent to his office, and parked myself in a seat to wait. It took three hours to see him, explain my injury, have a brief exam, x rays of my wrists and elbows. I was shocked to be given an order to return back to work immediately with "limitations" that would prohibit me from typing any longer than a 50 minute period without a 10 min rest. That was it.... He was so rushed to get me out of there that he almost forgot to give me my wrist braces (which do not fit, by the way) and a sample of Naprosin. I explained to him that my GP had already placed me on a 2 week LOA and I was not due back to work until next Monday, the 15th. I tried to get a satisfactory answer as to why she saw the need for "rest" of my wrist and elbow and he did not... that I was still in almost unbearable pain at times during the day having been on vacation 2 weeks this month (and subsequently resting from the repetitive trauma) and then again last week as the first week of my 2 week LOA. How in the world does sending me back to do more of the same that caused the injury going to help anything? And also with no RX for any physical therapy? Isn't that just (logically) negligence?

Then, after some research online, I found CA case law from April and May 08 that says that employees do not have to utilize their Co. Insurance Doctors and can see their own doctors. Furthermore, one case set precedence that the private doctor's information was absolutely admissable in court should the case get to that point. So now I do not know if I should return to work tomorrow morning on the WC doc's orders or follow my GP's LOA order..... and, to complicate things more, I have not actually yet provided the DWC1 claim form to HR that I believe would technically initiate the WC status. I am aggravated that one doctor can immediately identify need for regenerative healing of the tendins in my arm, and the other is apparently working on an agenda that just places the workers back to the workplace asap no matter what.

And what does all this prompt me to do???? Get on line and ask for help from you great folks on my non-ergonomic computer set up at home. It reminds me of a Homer Simpson "DOH" moment! Tongue
As Dora says, "...just keep swimming, just keep swimming...."
 
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#13
Your employer is required to give you the DWC1 within 24 hrs. of you reporting your injury. It sounds like they did that, and they also sent you for medical treatment with their WC doctor.

In the first paragraph you said you had all your paperwork in order, but then later said you did not yet actually file the DWC1.

You still have the choice. Keep your injury non-industrial and follow your family doctors orders, or follow thru with WC and file that DWC1 pronto.

If you decide WC, then try to return to work. If you are in too much pain to work, then ask your HR to send you back to WC doc and tell him this. You are entitled to a 2nd opinion with any doc you want so long as he is in your companies MPN (Medical Provider Network). Ask your HR person for a list of approved doctors. It is very important that you keep your employer and your claims adjuster informed, in writing, of a change in PrimaryTreaters.

I could go on and on, but rather me, you should continue to educate yourself on CA WC laws. You can also call the I&A officers to ask any questions.

Here are some fact sheets for injured workers that may help you.
http://www.dir.ca.gov/dwc/iwguides.html

Information and Assistance:
http://www.dir.ca.gov/dwc/IandA.html
Let Go, and Let God......
 
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#14
caselaw is good for lawyers and judges but it tastes terrible and is not very filling.Smile

if you need the TD checks to live on you may want to try returning to work before fighting it.
discuss modified or light work with your employer. even if only for a week it might make it easier to get up full time or get the release modified.
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
[quote=1171]
caselaw is good for lawyers and judges but it tastes terrible and is not very filling.Smile quote]

Good point!

Well, I did not go to work today, but rather spoke again with HR and also got out the old phone book and started calling attorneys to see how much information I might be able to get over the phone about my situation. What I specifically wanted to know was what were my rights as far as having a decision regarding the WC doctor. The information I received correlated with responses here.... can get a second opinion, but must be within the Network Providers' list.

What I discovered, however, is that these attorneys are like sharks in the water, testing the legal "chum" of your claim to see if there is cause for action in personal/industrial injury cases. Felt like Exxon Valdeez oil slick was stickin' to my body when I got done! At least that was my own experience this morning, I would hate to put smudge on attorneys' fine reputations!
As Dora says, "...just keep swimming, just keep swimming...."
 
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