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Asked 4 months ago - Thousand Oaks, CA
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My injury resulted from my leg getting crushed and has spread to my back and hips. QME othro does not accept back problems. Previous to my injury I was highly active and functional biking 275 miles a week, running 5 miles four days a week, did the work of three people at the job I was injured at. Orthopedic QMEs rated my injury poorly, they never addressed my back, hip and weight gain from a sedentary life style.
Before my injury from a long-term employer, I created a successful internet based enterprise making $12,000 a week. Because of the pain from the injury, I lost that skill because the injury spread all over my body. Orthopedic QME has never addressed the pain that spread robbing me of my money making "Grand Master Focus". How do I get a fair deal?
This sounds like a worker's compensation injury (while you were on the job). Whether you have a separate third paty injury claim depends on the facts of how you got your leg crushed. If caused by someone other than your employer, you need to get a personal injury attorney. In any event you also need a worker's compensation attorney to help you get that second opinion for an accurate diagnosis and to get you compensated. Both types of attorneys operate on a contingency fee basis thre will be no money out of your pocket to hire them. Do this as soon as possible to help you and to preserve your statutes of limitations. Good luck to you!
The Qualified Medical Examination (QME) process under California workman's compensation law is somewhat complex, and many often confuse the QME with the Panel Qualified Medical Examination (PQME) and with an Agreed Medical Examination (AME) and even the plain old second opinion. Successfully challenging the findings of each of these types of examinations is not only difficult but different for each examination. An experienced workman's compensation attorney should be able to explain the process when hired.
- Paul
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com
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* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
You should consult with a competent workmen's compensation attorney as soon as possible. It is also important to be get a complete / comprehensive examination as soon as possible to avoid any issues of the other party claiming that your condition deteriorated as a result of another source (basically shifting the cause of your deteriorating condition to some other source). I hope your health returns as much as possible.
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