My workmans comp was deined, MRI shows I'm hurt. QME stated i'm not P&S, can work with restrictions because he had no medical records to review. Now what? Can benefits be reinstated?
You have a denied case. You need to turn that around. You don't tell us why it was denied: not an employee? reported after you were fired? drunk when injured? not timely reported? Could be lots of reasons to deny. Without knowing the reason, it's hard to assess the possibilities.
I recommend you get a FREE consult with a good WC attorney in the Inland Empire. To find one, use the "Find a Lawyer" tab at the top of this page or go to www.caaa.org. CAAA is the association for lawyers here in CA who represent injured workers.
The only way to get benefits "reinstated" is to change it from a denied case to an accepted case. This may well require a trial. You don't say why the case was denied, so we really can only guess about your chances of getting your benefits reinstated. But you really do need an attorney to help you.
You can search for an attorney on this site, by clicking the "Find a Lawyer" tab at the top of this page and then searching for a workers compensation attorney in your city, or, as already mentioned by Mr. Borah, go to www.caaa.org and look for a member attorney through their site. Best of luck to you.
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As the others have indicated, whether your benefits can be reinstated depends on the basis for denial. I strongly recommend that you contact an attorney to evaluate your case. For what it's worth, about half of my clients come to me because their claim was denied, so you are not alone.
Almost all workers compensation cases are denied for failure to timely deny a case means the carrier is liable for benefits. In this instance, if the QME says that you sustained a work injury, your next move should be a request for a mandatory settlement conference to force the carrier to pick up benefits AOE/COE. It is probably the most direct way to get benefits. Additionally file a penalty for late payment based upon QME report (where is the treating physician?) and bad faith for failure to serve relevant medical reports to QME. In sum, you probably need an attorney
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