Do I have the right to a copy of my file from the insurance company?

I am not aware of any rule that says an injured worker is entitled to their file from the workers' compensation insurance company. Having said that, Rule10109 says you are entitled to their investigative file, Rule 10607 says you are entitled to a benefits print-out, Rule 10615 says you are entitled to copies of medical reports within 10 days of receipt by the carrier and there is another rule (I'm not sure of the number) that says that any documents sent to a Panel Qualfiied Medical Examiner (P.Q.M.E.) must be sent to you no less than 20 days prior to sending it to the examiner. If you have already filed a case with the Workers' Compensation Appeals Board, you could have a subpoena duces tecum issued for the file.

Easier solution: Get an attorney who knows how to get the file. There are several excellent attorneys in San Diego. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys who represent injured workers here in California. Or call me for a referral.

At some point in your case, the carrier will want you to go to a P.Q.M.E. Before sending in to the state for a Q.M.E. panel list, consult an attorney. Before selecting a Q.M.E. off of the panel list, consult an attorney. Before going to a Q.M.E., consult an attorney. These are critical steps in your case and you don't want to blow them.

Good luck.