Can I change my workers comp adjuster because she is biosed towards me?

San Francisco, CA Viewed 53 times. Posted 4 months ago in Workers Compensation

I have to go to a QME next month and the insurance send me my file. In the file I discovered a letter from one of the doctors who responded to my adjuster trying to stir my injury that happened on the job into being a genetic degenerative disc disease. I have been a banquet server for 12 years, carrying trays up to 40lb and now have a cervical injury. She stated that this job was just for spending money and that I rejected fulltime emplyment at that place. That is a blatend lie. I was an on call banquett server and never offered a fulltime job by the employer. Now I am really concerned that the QME will be manipulated by her in the same manner. What should I do?

Answers (2)

Kenneth Lewis Swenson

This attorney is licensed in California. Posted 4 months ago.

You do not have control over the insurance adjustor, and have no means of disqualifying an adjustor for alleged bias. Given your concern about the upcoming QME, you should really consult with a local worker's compensation attorney to discuss the particulars of your matter and for any specific legal advice.

Brett A. Borah

This attorney is licensed in California. Posted 4 months ago.

First, you have no power to change the adjuster. That is a decision made solely by the insurance company. Second, it wouldn't make any difference since all insurance adjusters work for insurance companies and insurance companies are not your "friend."

How did you pick this QME? This is a critical step in your case. Do not go to that QME without first consulting an attorney. Truly, the QME can make or break your case and you don't want to do that on your own.

There are several excellent workers' comp attorneys in S.F. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Or call me for a referral.

Good luck.

Related Workers Compensation questions

Workers Comp Claim - My boyfriend works as a baggage handler for Delta. He had complained to his supervisor about his back, and she had said that it was sore muscles, he was out of shape and to... more
1 answer. Bangor, ME. Viewed 6 times. Posted about 1 month ago in Workers Compensation

I had an accident in the parking deck at work coming in but my employer denied it as workers comp, is it true? - I fell down on the stairs of my work parking deck. I was rushed in the E.D. and... more
3 answers. Marietta, GA. Viewed 29 times. Posted about 1 month ago in Workers Compensation

What if the boss doesn't have Workers Comp. coverage - I fell off a ladder a month ago. I hurt my shoulder,knee and low back. Every time I mention the pains since the boss tells me to take the day... more
1 answer. Phoenix, AZ. Viewed 81 times. Posted 7 months ago in Workers Compensation

Top Contributors