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The injury that keeps on giving more bodily injured parts and why do Orthopedics deny them all?

Thousand Oaks, CA |

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?

Attorney Answers 8


  1. Was your injury the result of a crash or fall? If so consult an attorney for advice. Nevertheless you need to find another doctor because you're clearly not getting the medical care you need.


  2. You should get a second opinion and consult a medical malpractice attorney in your area. The avvo attorney search bar is a good resource.

    Communication through AVVO does not constitute legal representation. Representation by this law firm can only be established through a written agreement executed by both attorney and client. In the absence of such express representation agreement, this law firm does not represent the recipient or reader and no person or party should rely upon statements, opinions or advice contained herein.


  3. 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!

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  4. There are chiropractors that are QMEs. Contact Dr. Alfred Garbutt in La Crescenta, CA. He is very well qualified and if there is a solution will probably be able to help you. You may need a qualified Worker Compensation attorney.

    The advice provided is in good faith but not a guaranty of accuracy under all circumstances.


  5. 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

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * 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.

    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... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * 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.


  6. A local workers comp lawyer needs to be retained who should be able to maximize your compensation.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  7. You need to retain a workers compensation attorney immediately. You will never get fair treatment until you do so.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  8. 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.

    This answer should not be used as a final ruling on your case as more facts are needed to fully understand and expound upon your legal inquiry. This answer should be used a short introduction to the legal theories that may apply.

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