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  1. #1
    Join Date
    Apr 2010

    Question How to Delay Changing My Doctors for Worker's Comp

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

    Background: I've been out of work for almost three months now due to anxiety disorder(s) with somatic features resulting from hostile work environment. I initated a worker's compensation claim about two months ago and was told I need to change all my treating doctors to those on the company's Medical Provider Network (MPN). I've called several doctors so far and none are accepting new worker's compensation patients, so I'm still seeing my non-MPN doctors for treatment. I've mustered the courage to call another MPN doctor today (left a message) but I doubt he'll be accepting WC patients either.

    Here's my problem, I developed an anxiety disorder from workplace bullying. (The threatening, inappropriate misconduct by my supervisor on my last day of work was substantiated by Human Resources indepently of my worker's compensation claim.) My anxiety makes it REALLY hard to make/answer phone calls because of social phobia and post-traumatic stress issues. I REALLY don't like the idea (& scared) of changing my treating doctors but I know I have to for worker's comp. BUT all these phone calls (in addition to phone calls and paperwork related to worker's compensation and company medical leave) seems to be worsening my anxiety symptoms.

    So, here are my questions:
    (1) What's going to happen when my worker's compensation claim eventually is settled (denied or approved) in terms of the almost 30 doctors visits I've had so far with non-MPN doctors?
    (2) Do I have to change ALL my doctors or just the ones treating my anxiety disorder? I have a psychiatrist evaluating my mental state, a therapist for cognitive behavioral therapy, a primary care doctor treating the somatic symptoms, an immunologist/allergist treating the resultant asthma/allergies, a neurologist I saw for a short while after my emergency room visit for temporary paralysis, a dermatologist treating adult acne, and chiropractor that I haven't seen in a few years but who I went to for pain management for over two years.
    (3) What happens if I decide to drop my worker's compensation claim? Can I refile later? I just want to recover and move on with my life as soon as possible; the worker's compensation process is significantly hindering and delaying this goal.

    Any guidance would be greatly appreciated. Thank you in advance for your assistance.

  2. #2
    Join Date
    Apr 2010

    Default Re: How to Delay Changing My Doctors for Worker's Comp

    First of all..why are you doing all the work? I'm a work comp specialist in my Chiropractic Office...and I go thru this every day...01/01/2004 work comp laws changed , It's called ACOEM guidelines and the MPN.. thanks to our old buddy ARNOLD...for one thing...your claims administrators responsibility is to find you a provider(they need to send you a list) with-in 30 miles of where you if there are no doctors within 30 miles...period....your claims administrator should waive the MPN...they can..and it's no big deal..even though they don't want you to think that...You have to know your stuff upon dealing with some of these claims adjusters...let me tell you..but be really careful...sometimes the claims administrators will pick an MPN doctor that is on their side (Partial)...So in your case this is what I would need to find a Primary Treating Physican....and not a PTP that your employer sent you to...if your PTP is still your employers doctor...get the hell out of can change PTP's AFTER YOUR FIRST VISIT WITH THE EMPLOYER DOC....when you change PTPS...either get an M.D. or even a they can monitor your case...the new PTP will most of the work for you as far as getting you the correct referral's to go where ever you need to go...and if anyone tells you that a CHIROPRACTOR can't be your PTP..for your type of case...THEIR LYING..again they can monitor you..and even ask for chiropractic manipulation up to 24 ovs soft cap...If you pick an M.D...he can also monitor you and if you need pain management..he can prescribe you meds...BUT AGAIN..VERY VERY IMPORTANT...1. CHANGE PTP'S ...GET AWAY FROM THE EMPLOYER DOCTOR..LIKE US HEALTH WORKS, ETC...2. GET A LIST OF ALL TYPES OF MPN PHYSICIANS..FROM YOU CLAIMS ADMINISTRATOR PREFERABLLY PICK A CHIRO OR A REGULAR M.D AS YOUR PRIMARY NO MORE THEN 30 MILES...REMEMBER YOU PICK...DON'T LET THEM PICK ONE FOR YOU...THIS IS THE LAW..IT'S IN THE LABOR CODE BOOK..ALSO..THEY NEED TO RESPOND TO YOU IN A TIMELY FASHION 5-NO MORE THEN 14 DAYS OF YOUR REQUEST..IF THEY DON'T RESPOND TO YOU..THEY LOST CONTROL...SO NOW IF YOU MAKE IT THIS FAR..YOU REALLY DON'T HAVE TO DO MUCH MORE ..YOUR NEW PRIMARY .(.IF HE'S A GOOD PRIMARY)..WILL DO MOST OF THE WORK FOR YOU..MAKE SURE YOUR IN CONTROL...NOT THE CLAIMS ADJUSTER...IF YOUR STILL HAVING ISSUE'S WITH THE MPN LIST AND DOCTORS NOT EXCEPTING NEW PATIENTS WITHIN THE 30 MILE..THE ADJUSTER HAS TO ACCEPT A DOCTOR OUT OF THE MPN..END OF DISCUSSION..IF THEY ARGUE WITH YOU..CONTACT WCAB WORKERS COMP APPEALS BOARD..AND FILE A DOR..DECLARATION OF READINESS..YOU MIGHT HAVE TO FILE AN APPLICATION OF JUDICATION PRIOR...NOW IF YOU DON'T WANT TO GO THRU ALL THIS BECAUSE THERE IS A LOT TO KNOW...GET A GOOD WORK COMP ATTORNEY...MAKE SURE THEY ARE REPUTABLE THOUGH..SOME OF THEM NEVER CALL YOU BACK WHEN YOU NEED TO TALK TO THEM..AT THAT POINT ..AGAIN MAKE SURE YOU ARE STILL IN CONTROL AND TELL THEM WHAT YOU WANT...IF THE CASE IS DENIED..THAT REALLY DOESNT MEAN ANYTHING...MOST DOCTORS WILL TREAT YOU ON A LIEN BASIS AND WILL GET PAID UPON GOING TO COURT OR WHEN THE CASE IS SETTLED...I'M ONLY GOING TO ANSWER THE ONE QUESTION FOR NOW BECAUSE FIRST THINGS FIRST...THIS IS WHAT YOU NEED TO DO...BE AGRESSIVE WITH A NON OFFENSIVE APPROACH I'LL GET BACK WITH YOU LATER ON THE ON THE ISSUES..

  3. #3
    Join Date
    Dec 2007

    Default Re: How to Delay Changing My Doctors for Worker's Comp

    kcustodio66, if I were inclined to read your response, all those caps would make me not do it. Typing in all caps is considered shouting on the internet and makes your responses very hard to read. In the future, I'm sure the posters to whom you respond would appreciate it if you would use regular capitalization and sentence structure, including punctuation and complete sentences.

  4. #4
    Join Date
    Apr 2010

    Post Re: How to Delay Changing My Doctors for Worker's Comp

    Thank you for your response.

    My company did provide lists but none of the providers I called so far are accepting new worker's compensation patients. There are still many more on that list. BUT calling total strangers is an ordeal for me because of a frightening experience with the first psychologist I went to (reminded me too much of my supervisor). I asked my counselor for recommendations before calling anyone. I've called two psychologists and two primary care doctors so far and were told they were not accepting new worker's compensation patients. I still do not have a "primary treating physician" on my company's MPN because I haven't found anyone yet accepting new worker's compensation patients. In the meantime, I'm continuing to see the doctors/therapists that have been treating me since I've been off work. None of them are on the company's MPN.

    I am not totally disabled as far as I can tell, but I can not return to my job position or my job location because of my anxiety disorder(s). I can function as long as I am not "triggered" by reminders of my supervisor/events or raised voices. I want to work, but the company has not provided me options to allow me to safely return. I don't have a grudge against my company or even my supervisor and I did not intend to get myself into a worker's compensation case. I accidently got into it because I was misinformed and/or misunderstood what the DWC1 form was.

    I want to give up my worker's compensation claim because this process is worsening my anxiety. But first, I need to know what's going to happen if I do withdrawl my claim. I need the three questions I asked originally answered.

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