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  1. #1
    Join Date
    Mar 2012
    Posts
    11

    Default Going to a Doctor for a Workers Comp Claim

    My question involves workers compensation law for the state of: California

    Have a Dr visit for my tennis elbow this week, been off full duty (heavy construction) almost 3 months, is it better yes, is it 100% no way. Dr said last time he wants to release me this visit, however I am not 100% nor do I feel I could go back to full work (been on light duty) without causing myself pain, I just tried to rake pine needles in the yard and after 10 min it bothers me.

    SO to my question: what if Dr says your ok to go back to work and I still feel if I do I will either not be able to do my job or get hurt worse doing it? Where do I go from here?

    FYI: This is my 2nd Dr as the first one was a knucklehead


    Thanks in advance

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    15,016

    Default Re: Dr. Visit This Week, Need Your Past Experience

    If your doctor feels you have reached max medical improvement, he will release you. I suggest you wear an elbow support to work or risk losing your job.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

  3. #3
    Join Date
    Sep 2011
    Posts
    313

    Default Re: Dr. Visit This Week, Need Your Past Experience

    when either party disputes opinion of treating doctor they can request a Qualified Medical examination.
    more on the QME process here
    http://www.dir.ca.gov/dwc/medicalUnit/faqIW.html
    or factsheet E
    http://www.dir.ca.gov/dwc/iwguides.html

  4. #4
    Join Date
    Mar 2012
    Posts
    11

    Default Re: Dr. Visit This Week, Need Your Past Experience

    so do I go back to work full work while I wait for this proecess? get an attorney invloved at this point or what? I am not sure which course of actin to take, I get the QME but not sure what to do in the meanwhile

    Thanks again for the help

  5. #5
    Join Date
    Sep 2011
    Posts
    313

    Default Re: Going to a Doctor for a Workers Comp Claim

    if you return to full duty like the doctor advises, you'll risk finding out what happens and that'll also clarify whether the doctor's opinion was correct---and you may not even need a QME.
    if you don't return to full duty, you'll have to wait without disability payments until they decide to pay.

  6. #6
    Join Date
    Mar 2012
    Posts
    11

    Default Re: Going to a Doctor for a Workers Comp Claim

    so I go to work, it hurts again, back to Dr...etc ???

    thanks greentree for all the help

  7. #7
    Join Date
    Sep 2011
    Posts
    313

    Default Re: Going to a Doctor for a Workers Comp Claim

    best rebuttal to an opinion is reality and facts.
    no easy choices.
    be well.

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