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Question on my Comp case Please help

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spetersyoda

Junior Member
What is the name of your state? California

Conversation with Lily on Feb. 2nd 2005

She informed me that the doctor appointment I have on Feb. 7th made by the insurance co to determine if my claim is work related is going to be canceled because their company made this appointment and this is not law abiding according to California law, which states that I was suppose to get forms from insurance co. that I must fill out and send to the state of California and then wait for the state to get back to me with a list of doctors that will determine with my injury is work related. At which point I then can choose from this list of doctors and then one will determine if my injury is work related. Well my claim date was on Dec. 7th 2004 so on March 7th 2005 this report from the doctor needs to be in the insurance co.’s hands or they will deny my claim. Lily claims this is a conditional denial until the doctors report can come in from the state chosen doctor after March 7th 2005.

I have a problem with this for as of today the 2nd of February 2005 I have to wait for the insurance co. to mail these forms out to me and at which point I need to mail them as soon as possible to the state of California (the state has ten working days to get back to me with the list of doctors). I estimate that I will receive the list of doctors from the state to be around the 21st of February 2005, which will leave me approximately 9 working days to get an appointment and have the report back in to the insurance co. hands before the denial of the claim. The insurance co should have gotten me the proper forms back in December 2004 thus allowing me plenty of time to get a doctor’s appointment before the march 7th deadline. They had instead made a doctors appointment for me with their own doctor to evaluate my claim that this injury is work related. This doctor’s appointed was to be held on February the 7th 2005 giving plenty of time to close the case. I had asked Lily if she would move the March 7th deadline date back to April 7th because of the errors that had occurred by their company. She informed me they could not.

My concerns at this point

1) Is it legal for them to deny my claim on March 7th because of their errors?
2) Can they deny my claim with a disclaimer that they are waiting for the states doctor report and then reopen the claim?
3) Being they had made the error why can they not change the March 7th date?

All of this has caused me undue stress and concern.
thank you very much
 


tjr5150

Member
Is this the first doc visit you've had or did you see a doc when the injury occured? they should have let you see a doc within the first week i would think
 

spetersyoda

Junior Member
this is the doc

the doc to say if it is work related or not
the other docs already say it is
and the specialist says it is
but i need according to them a doc who is not partial to the case
so it can not be my or there doctor

thanks
 

tjr5150

Member
on a workmans comp case it can't be your doctor, but when you get hurt on the job they are supposed to make an appt for you with there doctor that is then the main doctor in your case he is the one that will refer you to other doctors if he needs a 2nd opinion but he is the main doc...
 

spetersyoda

Junior Member
not the way it worked

went to there doctor
he sent me to a specialist
then he sent me to a surgen

now the insurance co wants another opion because they do not like what there three doctors said.... that it is work related
 

rmet4nzkx

Senior Member
What is the nature of your injury?
When did the injury occur?
When and to whom did you report the injury as work related?
Did you fill out forms at the hospital/doctor's office?
Do you have medical insurance?
Are you receiving treatment?
Are you able to work?
Who is the worker's comp carrier for your employer?
Has the worker's comp carrier sent you forms to fill out?
Have you contacted
http://www.dir.ca.gov/WCAB/wcab.htm to get forms to fill out?
Have you had an interview with your worker's comp carrier?
Have you contacted a worker's comp attorney?
Are you being sent for an IME?

More informantion for California

State of California—http://www.ca.gov/s/
Department of Industrial Relations—http://www.dir.ca.gov/
Commission on Health and Safety and Workers' Compensation (CHSWC)—http://www.dir.ca.gov/CHSWC/chswc.html
455 Golden Gate Avenue, 10th Floor
San Francisco, California 94102
(415) 557-1304, Fax: (415) 703-4234, E-mail: chswc@hq.dir.ca.gov

Division of Workers' Compensation (DWC)—http://www.dir.ca.gov/DWC/dwc_home_page.htm
Street Address:
455 Golden Gate Avenue, 9th Floor
San Francisco, California 94102-3660
Mailing Address:
Post Office Box 420603
San Francisco, California 94142
E-mail: dwc@dir.ca.gov
(415) 703-4600 ; Fax: (415) 703-3971
Click here to download free fillable PDF (Portable Document Format) versions of California workers' compensation forms courtesy Interface Technologies—http://www.interfacetec.com/

Industrial Medical Council (IMC)—http://www.dir.ca.gov/IMC/imchp.html
Post Office Box 8888
San Francisco, California 994128-8888
(800) 794-6900 (in California), (650) 737-2000

Workers' Compensation Appeals Board (WCAB)—http://www.dir.ca.gov/WCAB/wcab.htm
Street Address:
455 Golden Gate Avenue, Suite 9328
San Francisco, California 94102-3660
Mailing Address:
Post Office Box 429459
San Francisco, California 94142-9459
(415) 703-4580

Self-Insurance Plans (SIP)—http://www.dir.ca.gov/SIP/sip.html
2265 Watt Avenue, Suite 1
Sacramento, California 95825
(916) 483-3392; Fax: (916) 483-1535
E-mail: SIP@dir.ca.gov

State Compensation Insurance Fund (SCIF)—http://www.scif.com/
1275 Market Street
San Francisco, California 94103
(415) 565-1234, Claims Reporting Service (toll free): (888) 222-3211
 

spetersyoda

Junior Member
thank you for the questions and links my answers

What is the nature of your injury?
Carpal tunnel in the right hand and carpel tunnel in the left elbow

When did the injury occur?
Reported dec 7th 2004

When and to whom did you report the injury as work related?
reported dec 7th 2004 to the companys hr person

Did you fill out forms at the hospital/doctor's office?
Yes I did

Do you have medical insurance?
Yes kaiser

Are you receiving treatment?
yes

Are you able to work?
yes

Who is the worker's comp carrier for your employer?
seabrite

Has the worker's comp carrier sent you forms to fill out?
as I stated they delayed the forms by two months

Have you contacted
http://www.dir.ca.gov/WCAB/wcab.htm to get forms to fill out?
No

Have you had an interview with your worker's comp carrier?
yes

Have you contacted a worker's comp attorney?
no

Are you being sent for an IME?
Do not know what an ime is
 

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