California Worker's Compensation : Injured Workers need a lawyer... — 2005-05-03

News from around the internet (archived)		7:55AM

The Business Press, San Bernardino, Calif., Health Care Column (RedNova) (archived). May 2--So-called medical provider networks evolving from California workers' compensation reform are getting rich at the expense of physicians and businesses, said Jun Tan, an occupational medicine physician and sole owner of Central Occupational Medicine Providers in Riverside. Senate OKs Workers' Comp Director (The Sacramento Union) (archived). SACRAMENTOâ€”The state Senate confirmed Gov. Arnold Schwarzeneggerâ€™s workersâ€™ compensation director Thursday despite strong opposition from groups representing injured workers. The 21-10 vote came a day after Senate President Pro Tem Don Perata, D-Oakland, cast the deciding committee vote approving the Republican governorâ€™s appointment of Andrea Hoch. A top labor leader accused Perata of abandoning Obesity costs loom for workers (Whittier Daily news) (link unavailable). California's childhood obesity epidemic threatens to saddle the state's taxpayers with astronomical medical bills from a generation that will spend more time in the hospital and less time at work than any before, health experts warn.

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Injured Workers need a lawyer...

topic started 4/12/2005; 9:41:52 AM
last post 4/12/2005; 9:41:52 AM

Charles Wear - Injured Workers need a lawyer...

4/12/2005; 6:41:52 AM (reads: 72, responses: 0)

Injured Workers need a lawyer...by Charles R. Wear

Some say that since the workers' compensation system has been reformed that injured workers will not need an attorney to help with their claim. Nothing could be further from the actual situation. The following are the top ___ reasons that injured workers need lawyers.

The employer controls the medical treatment. For injuries after January 1, 2005, if the employer is a member of a medical provider network, the injured worker does not have the right to change physicians, except within the network. Many injured workers will not receive the medical treatment they need to cure or relieve from the effects of their injury. Many will be returned to work too early. The appeals system for this type of medical dispute is complicated. Workers' compensation attorneys can help an injured worker navigate this process.

Utilization review and the application of guidelines delay and deny approval for needed medical treatment. The initiation of utilization review procedures, where medical practitioners make decision approving or denying treatment based on treatment guidelines, have caused numerous delays in treatment. Once again, an attorney who understand these procedures can assist the injured worker in obtaining necessary medical treatment.

The value of a case will depend on the final medical evaluation. It is likely that the award of permanent disability benefits will depend on the evaluation of an agreed medical evaluator or a qualified medical evaluator chosen by a panel. Only represented workers can use an agreed medical evaluator, a doctor chosen because of his reputation for fairness and neutrality. Unrepresented workers must utilize the panel qualified medical evaluator process and choose a doctor from a list chosen by the State. The panel doctors will be unfamiliar to the unrepresented worker. The guidance of an experienced attorney can be invaluable in this process.

In summary, the recent changes in the workers' compensation laws in California have made the process even more complicated. Only an experienced attorney can help fight for the rights of an injured worker to obtain the benefits the system was designed to deliver.