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For Worker's Comp, is it critical to have an MRI?

Yorba Linda, CA |

I have filed a claim and it's been a few months since my injury. Do I need an MRI? My PTP seems to think so; I already had x-rays, plus he wants to do a med/legal report (claim's been denied). Is that really necessary? Do I need an attorney?

Attorney Answers 9

Posted

With the law changing so much in California and permanent disability being reduced, you definitely need an attorney. They are only entitled to 15% by statute. If your claim was denied your attorney will know how to get you an MRI by what's called a "lien" basis. That way you don't have to pay out of your pocket and this will increase the amount of your award especially if more than soft tissue injury is found, such as a bulging disc, etc. Best of luck.

This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.

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Asker

Posted

Thank you. I had a CT a few months back showing 2 herniated discs I did not have a year ago, before I took on a job requiring heavy lifting with a pre-existing condition. Just curious.

Posted

For a denied workers' comp claim, it is critical to have an attorney if you intend on pursuing your claim. Find an experience lawyer in your area as soon as possible.

Is it critical to have an MRI to prove an injury? I would tend to think not, but that is a medical issue and it depends on the facts of your case. An MRI might be useful to show how a post-injury condition is now worse than a pre-existing condition prior to the injury.

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Posted

If your claim has been denied, I would not delay in contacting an attorney. Whether or not an MRI is necessary would be between you, your doctor and your attorney. I am not sure what an MRI necessarily indicates that has to do with your workers compensation claim, but I am not admitted in California either. Please rely on experienced workers compensation counsel to pursue this claim. If you search avvo.com you should be able to find an attorney near you.

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Posted

I would agree with both answers. If it has been denied then it is likely headed to a hearing. You need to be represented, because the ins co will have an attorney there. Why wait until its too far along in the case.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

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Posted

You need an attorney. As to needing an MRI, who will pay if claim denied?

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Posted

A wc lawyer would be the best bet, yes. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

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Posted

Whether you need an mri should be a medical decision you and your doctor discuss. Will the results impact your wc case? It can be very useful evidence to prove or disprove certain issues.

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Posted

The real question is whether a doctor who is evaluating you needs an MRI in order to address all of the medical-legal issues necessary to write a report that a judge can use to decide your case. An MRI isn't going to be of much use to a judge. What the judge needs is the well reasoned medical-legal opinion about your injury. The doctor may very well want one. But, getting one on your own isn't going to help your case.

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Asker

Posted

My PTP wanted one; there are a lot of issues, herniated, collapsed discs, arthritis. I thought it made sense. My attorney did not think it was necessary?

Posted

I have seen many panel doctors avoid giving diagnostics that might definitely diagnosis a condition that would ultimately be the responsibility of the insurers who refer them cases. It really depends on the injury and the character of the doctor (unfortunately). If you do retain someone, they will most likely refer you to healthcare providers who will treat you properly. However, your question really depends on many facts which are not stated in the question. Good luck.

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Timothy Patrick Brennan

Timothy Patrick Brennan

Posted

Sorry, just saw you are in another state than Pennsylvania, so the concerns with panel doctors may not be applicable.

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