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Susan Randi Borg

Susan Borg’s Answers

11 total


  • QME

    I was examened by a Doctor for QME. He wrote something in his report what I didn´t tell him. He didn´t consider what I told him about my complaints and wrote a beforehand deliniated report. And now one week after the first QME they arranged a fin...

    Susan’s Answer

    I agree with the response below and would further suggest that you find a lawyer who specializes in workers compensation to assist you with this issue. You can show that a QME report is inaccurate or has a wrong history but this is complicated and would require legal representation. You can find a workers compensation specialist in your area with this website or by going to CAAA.org.

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  • Change QME-doctor

    Is it possible not to appear to the second QME. this will be the final for rating the disability. I will not be examened by the same doctor because he wasn´t neutral in his first report. The insurance carier arranged a second examen by the same ...

    Susan’s Answer

    I would recommend that you find a lawyer in your area to discuss your situation. If the QME was inappropriate in some ways you may be able to have a judge disqualify him but this would need to be proven. If you simply don't show up for the examination you will likely be charged for the missed appointment. You should cancel the appointment with enough notice to avoid the charge and discuss with a specialist whether you have any basis to disqualify the QME. If not, you may need to attend the examination and later show that his report was unfair or simply wrong. This would be difficult to accomplish on your own without a lawyer. You can find a workers compensation specialist in your area on this website or by going to CAAA.org.

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  • Have a CA workers comp case and was offered a C&R. I countered and they told me they would not make another offer.

    Since they will not make another offer can I go back and take the original offer for a C&R? Can they deny me the offer and force me to go with a stipulation? The only reason I am even considering a C&R is because my family is in dire financial need.

    Susan’s Answer

    I must agree with the two prior responses. An experienced attorney will help you sort through your options and make the best decision for your circumstances. The reality is they don't have to offer you more for a compromise and release and you don't have to take the offer that they made. This means that you will both be left with a case that is still continuing as it relates to your medical needs and potentially additional disability. An attorney can help you value your case so that you have a full understanding of what you are giving up. It would be best not to be "penny wise and pound foolish" because your circumstances are so difficult. An experienced professional can help make this assessment.

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  • I had surgery to repair a hernia that I got due to heavy lifting at my job. Can I sue my employer? I live in California.

    If so, can you recommend an excellent attorney in san francisco.

    Susan’s Answer

    You are entitled to workers comp benefits but how much you are entitled to receive depends on the extent of your permanent disability. You should discuss this with a workers comp specialist whom you can find through this website or by going to CAAA.org.

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  • If my doctor said I can't get any better and released me from his care with permanent ristrictions.

    I am currently in the process of reasonable accomadation. Now all of a sudden my insurance company has turned my situation upside down.They sent me for independent examination in which the so called independent doctor asked me if I ever injure my ...

    Susan’s Answer

    The insurance company can certainly change their position based on new information. Whether their position is justified or not is a complicated analysis and I would urge you to find an attorney in your area who specializes in workers compensation to assist you in making this analysis. That professional will be in the best position to evaluate your situation and answer the legitimate concerns that you have.

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  • WEHAVE TO HIRE INDEPENDENT CONTRACTERS FROM TIME TO TIME ON JOBS.WHY DOES OUR WORKER COMP.WANT TO CHARGE US FOR EACH WORKER?

    THERE ARE ONLY 2 OF US IN OUR COMPANY.THE WORKERS COMP.THAT WE HAVE SAID WE HAVE TO HAVE A SIGHNED EXEMPTION FORM FOR WORKERS WHENEVER WE HIRE THEM.I CANNOT FIND SUCH A FORM FOR N.C.PLEASE HELP

    Susan’s Answer

    I don't know if there is such a form in North Carolina, but generally speaking you have more protection if your "independent contractors" are covered for workers comp. If not, they can potentially sue you for negligence if they are hurt which is a much more expensive exposure for you and your company. Sometimes a worker might be considered an independent contractor for tax and personnel purposes but not for workers compensation purposes. You should discuss this with a workers compensation attorney in your area; but the chances are you are better off paying the additional insurance premiums than leaving yourself exposed.

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  • Is it legal for my employer to do this?

    I was on workers comp and released as P&S with multiple restrictions, I requested a meeting with my employer to see if I could be accomodated with restrictions. It has been over 4 months and I was told they can not accommodate me with the restric...

    Susan’s Answer

    I would suggest that you contact an attorney who specializes in employment descrimination, ADA and Fair Employment and Housing matters to determine if your employer has fulfilled its obligations to you. The workers compensation laws encourage your employer to take you back but do not require that they do so. Of course, you should also discuss your situation as a whole with a workers compensation specialist.

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  • Workers' Compensation: Recently I asked a question about writing a letter to the AME asking for a reconsideration.

    I sent a second letter to the AME requesting a reconsideration and still have no response from that doctor. I was scheduled for a conference MSC but to my surprise the judge did reschedule when I requested a continuance on this matter. What should...

    Susan’s Answer

    To use an AME you must either have an attorney or the AME was agreed upon when you did have an attorney. At this point, if you have new evidence or information that the AME did not consider you would most likely need to schedule his or her deposition. You really need an attorney for taking a doctor's deposition. If you do not have new information or information that was not presented to the doctor previously, it is unlikely that he or she will change his conclusions. If you do have additional information, you can present it to the doctor by letter, with a copy to the insurance carrier, and a request that the doctor review his or her conclusions in light of the new information. A letter written by an attorney will have more likelihood of success given the complexities involved. You can seek counsel through this website or by going to caaa.org.

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  • How can I rate my work related injury? What should I do?

    How can I rate my work related injury? What should I do?

    Susan’s Answer

    The process of a rating a permanent impairment and figuring out the ultimate permanent disability rating is complicated. The process starts with the AMA Guides and the Permanent Disability Rating Schedule but it does not end there. Recent caselaw allows rebuttal of the "classic" AMA Guides rating in certain cases. I would urge you to contact an experienced specialist in workers compensation matters and there are many excellent ones in your area. You can find an attorney on this website or by going to caaa.org. Remember there is no cost for an initial consultation and you owe yourself at least that much.

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  • I have a CA workers comp case and they are offering me a compromise and release.

    The offer they made was way to low for me to agree to a C&R. I wrote them a letter and told them the minimum I would except for a C&R. This was two weeks ago and I have not heard from them at all. I know that there is a 30 day period to settle thi...

    Susan’s Answer

    It's not clear whether there is a real 30 day time limit or not and the only way to be sure is to consult with a CA lawyer who specializes in workers compensation. Also, a compromise and release settlement is permanent and has major implications for your ability to obtain future medical care. You should be sure that you have evaluated your entire situation with a lawyer who can explain the pros and cons. You can find a CA workers compensation lawyer through this website or by going to CAAA.org.

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