Calif-Medical records

[nona]

I fell at work last November and broke my hip, had to have a ball replacement. Was off work until February. Workers comp paid for my medical and I received checks while off. Now my doctor is closing my case and the company workers comp has offerd me a settlement but is questioning the doctors report that I am 24% disabled. He want me to sign a release from my primary doctor, the surgeon I had for my gastric surgery (what has this to do with my hip) and the one that I had do knee surgery years ago to give them all my medical record not just what pertains to the hip injury. I don't like the idea of them knowing all my medical history.

I haven't seen a lawyer because they were doing everything that they needed to be doing and I wanted ti keep my job but this I don't like.

Do I have to give them this information? Has anyone else gone through this?

[jayne]

they always ask....but if it has nothing to do with your injury tell them to MYOB

[nona]

jayne Wrote:they always ask....but if it has nothing to do with your injury tell them to MYOB

[nona]

I am so stressed about this. There hasn't been a problem up until now. The treatment has been great and the WC administrator was very helpful but now things are changing.

[1171]

discovery rules allow them to have a doctor decide what may or may not be relevant to your permanent impairment rating.
they are not going to let you hide prior problems or trust yo to know what is or is not relevant to your impairment.

[nona]

I fell and broke my hip I don't understand what my stomach surgery has to do with that.

[jayne]

same here I had gastric bypass 3 years before my injurie they tried their best to tie it in but the judge wouldnt have none of it

[sparkey]

Now is the time to call and get some legal representation. Now that you have an impairment award of 24% they may send you for a IME to a doctor they pay very well to try to lower that rating. You may end up in a hearing because of the dispute. I went through this without a lawyer and was taken outside into the hallway by the hearing officer who told me to " Get a lawyer".

I then received a notice that the IC had won the rating dispute and paid me 10% instead of 32%. Now is the time when you will need help on your side. Please look into a lawyer as it does not cost you anything unless you win. They did have the right for me to sign papers of my past medical history and did bring it up in court of when I first had Carpal tunnel 10 yrs. ago. It was a pre-existing injury but I did still win the 10%. I STRESS GETTING LEGAL HELP NOW!!!!!! Things are changing now because they have to now pay you a settlement. My case went the same exact way. No problems with anything till I got a rating. Be prepared to go to one of their doctors soon to be examined.

[kate]

Many times non-work related injuries/conditions are applicable due to how they could affect the work-related injury. For example, someone with a foot injury who has diabetes will take longer to heal or develop complications and that has to be taken into consideration. Someone with a knee injury who is severely overweight will also take longer to heal.

Something like a gastric bypass would probably be very difficult to tie in with a work related injury so I wouldn't get too stressed about it.

A lot of questions that adjusters/investigators ask are not directly related to the injury itself. They are needed for other things. For example, in Florida, when someone is injured and the adjuster asks if they have children, their ages, etc. it's usually because if there is a settlement, before it can go through, it has to be proven that there is no child support arrearages. If it's not asked at the beginning of the claim, sometimes it causes delays getting the information when its time to settle.

[nona]

I talked with the adjuster today and told him I was upset about having all my medical records out there for all to see. That I didn't see what most of it had to do with my hip. He did agree that I only needed to sign for the surgeon that did my knee surgery a few years ago and not the others. I told him it would take me awhile to sign and return them to him. I will call a lawyer and ask about this. My main concern was having medical care for the hip because I may need a full replacement later on. He told me that was a given and I would be given that and that the report was only going to the orto doctor that I had ( who they sent me to and is also in the group that I go to anyway).