My question involves workers compensation law for the state of: California
I had an injury almost 5 years ago. In 2015 I quit my job because I could no longer work due to the pain. In the meantime, I ended up moving out of state. To this day, I still have not received a new doctor or any money from TTD because I didn't go to a new doctor. When I moved to the new state I called my attorney, emailed my attorney and he never got back to me in regards to an MPN list. I have been out of work for over 2 years now and my attorney is telling me since a doctor never signed off on TTD that I won't be eligible for it. I feel like its my attorney's fault for not returning my calls. He says, regardless, it was up to me to find a doctor and that there was no MPN list. I checked my records and there was an MPN list but since it was out of state he would have had to get a doctor approved from the claims administrator. He claims that's not the case. What recourse do I have in this situation? Am I screwed? I am still getting worse because nobody can get me a doctor apparently since it is out of state.
Just a tidbit about my attorney: I am reporting him to the bar over four other offenses. Not sure if hes incompetent or just lazy. Too late to switch since I am supposed to be getting PDA(?) payments soon? I don't know how that happened or how they came to that all I know is I am now P&S and I didn't see a QME for 2 years after my last visit. My QME even asked me why it took a year and a half for me to come back to him and I told him"My attorney lost the report and didn't know I had to go back"
Also, if anyone knows, is Work Comp entitled to a lien on a Personal Injury settlement if the PI settlement is for Pain and suffering, not medical or back pay?
TLDR; Two and a half years with no doctor and no pay. What do I do I need some type of WC benefit!
I had an injury almost 5 years ago. In 2015 I quit my job because I could no longer work due to the pain. In the meantime, I ended up moving out of state. To this day, I still have not received a new doctor or any money from TTD because I didn't go to a new doctor. When I moved to the new state I called my attorney, emailed my attorney and he never got back to me in regards to an MPN list. I have been out of work for over 2 years now and my attorney is telling me since a doctor never signed off on TTD that I won't be eligible for it. I feel like its my attorney's fault for not returning my calls. He says, regardless, it was up to me to find a doctor and that there was no MPN list. I checked my records and there was an MPN list but since it was out of state he would have had to get a doctor approved from the claims administrator. He claims that's not the case. What recourse do I have in this situation? Am I screwed? I am still getting worse because nobody can get me a doctor apparently since it is out of state.
Just a tidbit about my attorney: I am reporting him to the bar over four other offenses. Not sure if hes incompetent or just lazy. Too late to switch since I am supposed to be getting PDA(?) payments soon? I don't know how that happened or how they came to that all I know is I am now P&S and I didn't see a QME for 2 years after my last visit. My QME even asked me why it took a year and a half for me to come back to him and I told him"My attorney lost the report and didn't know I had to go back"
Also, if anyone knows, is Work Comp entitled to a lien on a Personal Injury settlement if the PI settlement is for Pain and suffering, not medical or back pay?
TLDR; Two and a half years with no doctor and no pay. What do I do I need some type of WC benefit!
Benefits for Injured Workers: Back TTD Pay
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