Workers Comp

OK I got hurt at work 2years ago I was back at work for 4 months when I saw my QME DR he said I was fine to keep working 5 months later he right another report taking me of work saying im waiting the straw that breaks the camels back syndrome. So I asked to talk to the DR again This took awhile and I lost pay durning this time. When I saw him Again this time He did some standard tests and said I could go back to work. A month after the report came out he said after reviewing the mri ( no new ones were taking) and going over the job dutys ( he already had these from the first visit) He is waiting the straw that breaks the camels back syndrome this is all thats in the report How do I get them to give me a new DR, All 3 of my DRs say im ok to return to work im losing money my house my car credit credit cards are maxed I need Help - Is this your question? Add additional information

Answers (2)

Okorie Okorocha

Okorie Okorocha

Contributor Level 7
Are you being represented by a workers comp attorney. I cannot tell if you are, but you must have one. Employers love to tell you how you dont need one and just send you to their doctors who will lie and say that everybody is a faker and scammer.
Nancy J Wallace

Nancy J Wallace

Contributor Level 3
First, when the QME writes you are Totally TEMPORARILY Disabled you are to receive TTD payments (what folks like to call Workman's Comp).

Or, when the QME writes you are Partially Permanently Disabled, you are to receive PPD (permanent disability) payments.

So, IN WRITING, demand the insurer pay you one of these for the time you "lost pay" because you were not permitted to work.

If you went to 3 different doctors on the Medical Provider Network, you can only request your own Qualified Medical Evaluator.

if you already objected to the treating doctor's opinion and you picked the QME that wrote about "the camel's back syndrome", the Labor Code does not give you any more doctors.

The only thing you might do is take that QME's deposition to challenge his decision about returning you to a job he know will seriously injure you.

If you never objected to the Treating Doctor's opinion, you only went to a QME because the Insurer ordered you to go, go back to the Treating Doctor for a re-evaluation and request the Treating Doctor review, comment upon and criticize the findings of the QME.