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Thread Title: Back injury
Created On Saturday January 22, 2005 6:49 PM

Ambrita
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Saturday January 22, 2005 6:49 PM

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I injured my back after lifting extremely heavy bags and carrying them about 3/4 of a city block. I reported it to WC and was assigned a doctor. The doctor treated me for a bulging disc and when that didn't work sent me for an MRI and to a specialist. The specialist said there was nothing that could be done for me, that I had a lifetime of excruciating pain ahead of me. The insurance adjuster says I am not entitled to a second opinion. My attorney has never seen me - everything that is done is through the paralegal, which is very little. I am intending to change attorneys but in the meantime, I am wondering if in California someone with a critical back injury is entitled to a second specialist's opinion under WC law.

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Ambrita

gaiassoul1@yahoo.com
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Monday January 24, 2005 10:39 AM

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Yes you are entitled to a second opinion -- have your doctor refer you to a neurosurgeon to assure that is all that can be done.

Next, if your doctor will not cooperate, your attorney can call and ask for cooperation and secondly if the doctor absolutely refuses, your attorney just objects to the treatment and after certain deadlines have passed schedules you to see a qualified medical examiner in the specialty of your choice.

Ginger

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Ginger

To know how to say what others only know how to think is what makes men poets or sages; and to dare to say what others only dare to think makes men martyrs or
reformers - or both. Elizabeth Charles

DPankey@aol.com
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Friday February 18, 2005 9:46 AM

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DON'T BELIEVE THAT LIFETIME OF PAIN DUE TO A BULGING DISC FINDING AS THERE ARE LOTS OF THINGS THAT CAN BE DONE TO RESOLVE OR LESSEN THE PAINS OF A BACK INJURY. IF THAT DR. WAS HARVEY WIESELTIER, SAN BERNARDINO, HE IS A CORRUPT QUACK. HIS SPECIALTY IS TO TREAT YOU WITH A SHOT FOR PAIN WITHOUT KNOWING EXTENT OF YOUR INJURY AND RELEASING YOU BACK TO DUTY WHEN LATER IT IS FOUND YOU HAVE THREE SLIPPED DISCS. I AM SEEKING TO SEE IF HE IS LISTED IN ONE OF THESE WC SITES AS A QME SO THAT I CAN OFFER PROOF OF HIS CORRUPTNESS.

CONTACT DR. JOHN SKUBIC, BEAVER MEDICAL GRP., HIGHLAND, CA OR AT REDLANDS COMMUNITY HOSPITAL, REDLANDS.
HE MAY SUGGEST A DOCTOR YOU CAN CONSULT IN YOUR AREA. THEY HAVE MANY NEW TECHNIQUES THAT CORRECT SLIPPED DISCS OR AT LEAST LESSEN THE PAINS.

AprilS92
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Thursday March 24, 2005 10:17 PM

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If it walks like a duck....you are entitled to a second opinion, and your adjuster is misinformed regarding this issue. You can ask that doc, who doubtfully, should refer you for that opinion. I would also suggest that you schedule an appointment to meet with your attorney if the paralegal is providing no satisfaction. I work with attorneys and adjusters on a daily basis, and it is often difficut to get right to some attorneys. Others are easier to contact. Depending on your attorney, you may need to be diligent in contacting him/her and demanding his/her assistance in obtaining the second opinion. In the very least, if you have not already had an applicant QME, you are entitled to this.

injuredworker101@yahoo.com
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Friday March 25, 2005 12:19 AM

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Start by sending your attorney certified mail expressing your questions in writing. This should get his attention. Remember when you signed up he agreed to represent you.

justice
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Saturday April 23, 2005 6:31 PM

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yes you are! contact Gary Tobia at 818-365-3910 or 3800. you also may want to consider another attorney. i had one like that, which i fired and has since retained another one. Gary is not the attorney but a damn good paralegal!!!!!!!!!! the attorney he works for is Howard R. Levine. there in the san fernando valley. tell him that Ms. Poe-Lee refered you. i too have the same problem i have two bulging disks in my back...one on the left and the other on the right in my lower back area. also TAPE RECORD YOUR MEDICAL EXAMS WITH ANY EMPLOYER DOCTOR!! YOU CAN DO THIS UNDER CCP SEC 2032 (G) AND UNDER VINSON V. SUPERIOR COURT (1987)!!!!!

gaiassoul1@yahoo.com
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Sunday April 24, 2005 4:04 PM

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The cases stated and the CCP do not necessarily apply to work comp cases.

Once again, tape recordings of the physician, are so regularly tossed from WCAB, why oh why does anyone recommend this?

I know I have stated it a zillion times but one more time, the only admissible evidence as to the goings on in a physician's office is a court reporter --- they are certified, legal, a disinterested party. IF you feel so strongly about having a word for word documentation of the evaluation, request a court reporter be present the day you get notice of any employer/insurance company/third party related evalauation.

Given the liberal construction theory at the WCAB, if there is any doubt, the benefit of the doubt goes to the injured worker. This is why you will never see a certified workers' compensation specialist applicant attorney request that the proceedings be documented. Nine times out of ten anyone with any level of competence on the applicant side throws their applicant up on the stand and asks the injured worker how it went down with the QME -- impeaching that report then becomes child's play if there is any question as to accurate history. The rest of it does not matter. What is interesting is that most of the court reporters' catch the applicant's perjury for false and inaccuate histories when it is compared with the medical records.

SO I have to say it one MORE time, this IS the WORST IDEA on the current planet.

I may spend the rest of my life cutting and pasting this comment, but spreading this idea leads to other injured workers being in the same position as you Ms. Poe-Lee, refusing to participate in medical exams at the request of the employer is dangerous.

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Ginger

To know how to say what others only know how to think is what makes men poets or sages; and to dare to say what others only dare to think makes men martyrs or
reformers - or both. Elizabeth Charles

Maloneyconsulting
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Monday April 25, 2005 9:14 PM

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You are entitled to a change in treating physicians under Labor code 4061. Additionally, as a represented injured worker your attorney should arrage an AME (Agreed Medical Evaluation), not a QME.

What area of CA do you live in? I can give you the names of many competent physicians and Attorneys.

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"Whatever it takes..."

gaiassoul1@yahoo.com
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Tuesday April 26, 2005 7:46 AM

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Given the large number of Applicant doctors that exist on the QME panels for backs , an AME is not always recommended on the applicant side.

Your attorney needs to discuss this strategy with you carefully. Since you are already represented there are many pros and cons about switching attorneys midstream as well. Your attorney ultimately should give you choices on physicians and then come back and ask people for their opinions and experiences.

You have two choices as to physicians -- AMEs are not always the answer as there are pros and cons, since the AME is just going to "split" the baby to keep everyone happy.

Do NOT assume that you ever "SHOULD" do something unless a Labor Code says you "SHOULD".

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Ginger

To know how to say what others only know how to think is what makes men poets or sages; and to dare to say what others only dare to think makes men martyrs or
reformers - or both. Elizabeth Charles

Edited: Tuesday April 26, 2005 at 7:48 AM by gaiassoul1@yahoo.com

speedy
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Monday September 19, 2005 6:39 PM

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Doews anyone know of a good workers comp attorney in new york state preferably around syracuse. My past lawyers used me as a poster child, litigated my case, went to court, and lost all tghe time. The doctors had their depositions done at least two or three times. I was injutred as a volunteer firefighter/emt-d two yrs and 7 months ago. I injured my neck and lowrr back, but ins. company fails to recognize my neck injurey in the case. It's been on the c 4's since day one.

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i am an injured volunteer firefighter

art
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Monday September 19, 2005 6:57 PM

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speedy,

Were up to our a$$es in alligators here in California.

This site--http://www.workerscompensationinsurance.com/workers_compensation/new_york.htm--can help you better than this Calif. based forum.

Good Luck...

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