Work comp since 2009..my third Doc did my lower back surgery 08/12 and gave me a 50% rating company sending to another Doc why

Asked over 1 year ago - Spring Valley, CA

can they send me to another doctor after the doctor they sent me to and gave me the rating of 50%

Attorney answers (5)

  1. Manuel Jaime Rodriguez Jr

    Contributor Level 10

    2

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    Answered . It sounds like that doctor that gave you a 50% rating might have been your primary treating physician in the case. If that is the case, then the claims adjuster (or defense) is entitled to send you to a qualified medical examiner (QME). Another reason may be that the report of the doctor was written in a way that requires you to be seen by a doctor in another speciality for a complete rating in your case. If you already have an attorney, you should talk to your attorney about your concerns so that you may receive an exact explanation as it applies to your specific case. If you do not have an attorney, you may seriously consider setting up a free initial consulation with a local attorney. Good luck.

    Any person who makes or causes to be made any knowingly false or fraudeulent material statement or material... more
  2. Gerald Franklin Batchelder

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You are at a critical stage in your case. If you don't perfectly handle the selection of the doctor who is going to do your evaluation, you are likely to end up with far less money than you are really entitled to get. Handling the selection process involves knowing what specialty to choose, and knowing which doctor on the panel list you will receive is the best choice. You also need to know what to bring up with the doctor, and what questions to ask the doctor to answer in his or her report.

    The reality is that you can't do that on your own. You need an attorney who understands the way the system works and knows the doctors. If you don't go get a free consultation with an experienced workers' comp attorney now, it may be too late to salvage your case later. Ideally, you should find a lawyer who is a certified specialist in worker's comp. You can find attorneys on this site or at CAAA.org, the organization for attorneys who represent injured workers in California.

  3. John M Connell

    Pro

    Contributor Level 19

    2

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    Answered . In most states the insurance company, and the injured party, have a way to disagree with the treating drs numbers and rating like the QME in Calif. Usually, in my state, its the injured worker that doesnt agree with the insurance companies dr and their rating.
    If you have a rating that high I would suggest that you have an attorney to assist you who understands and practices mainly in the workers compensation arena.

  4. Peter Joon-Sung Hong

    Contributor Level 12

    Answered . Depends on who "they" is and the capacity of the other doctor. Assuming "they" is the insurance company, you might have received a list of three doctors to see. Assuming also that you're unrepresented, you get to select the doctor from the list. If none of this jives, something very wrong is happening. You should consult an attorney. It sounds like you have a serious injury.

  5. Christopher Steven Hoffmann

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Back injuries and surgery are common in workers compensation. Competing ratings are obtained by both sides in a case. Defense ratings are usually biased against you. Contact a workers compensation lawyer regarding your case.

    24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.

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