Workers' Comp Information & Assistance LEGAL HELP

Did you know that if you don't have an attorney, they have a free service called the Information & Assistance Unit that has officers on hand to answer your questions pertaining to the legalities of the WC system? There are 24 offices in California and the link to those phone numbers are here.

I've posted about this before but I recently talked to another injured Californian that did not know about this FREE service. I have used it on several occasions by going to a Workshop, calling for help and even going down in person to have specific questions answered. I would advise you to have specific questions written down before talking with an officer an keep them limited to WC issues only. That's their area of expertise- not Social Security or Long Term Disability.

California Division of Workers' Compensation:
http://www.dir.ca.gov/ and Info & Assistance
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Another thing to try is contacting a lawyer with your questions, you might get a response. It a total long shot but it could work even if this lawyer knows he or she won't take the case, they could take the time to answer a question or two..... Just don't hold your breath!!

DO YOU KNOW HOW TO PROTECT YOURSELF

I found some wonderful advice in a blog by someone that was hurt on the job in North Carolina. (please note the link and visit it if you'd like!) I have only edited it to be California specific (rather than NC).

IF YOU ARE HURT ON THE JOB: __Tell a supervisor immediately. __Get the full names of everyone who witnessed the accident. __Write up an accident report. __File a DWC form with California's Division of Workers Compensation (DWC) __Follow employer's request (go to employer's doctor, follow rx orders). __If you feel that you are not being treated fairly, call the DWC. MAKE A FOLDER TO HOLD ALL OF YOUR EMPLOYER'S INFORMATION, MEDICAL RECORDS, WORKERS' COMP CORRESPONDENCE AND ALL OTHER PERTINENT INFORMATION TO YOUR CLAIM !!! Including: __Employee Handbook __All medical screening and job classification tests __Any awards, write-ups or employee warnings __A calendar of vacation days, tardy and sick days __A copy of all memos and correspondence that pertain to you and your job. __DO NOT write on any of your documents; keep a notebook, or journal, with date, time, names, companies or doctors, nurses etc. __Trust No One--get it in writing! MEDICAL CARE: __Get a copy of anything that you have been asked to sign. __Get a copy of any papers from doctor visits or doctor's report. __If you do not understand what has been written, ask someone to explain the information to you. __If the doctor's reports do not match what you have been told, you may need to secretly record each doctor visit. California Division of Workers' Compensation: http://www.dir.ca.gov/ and here is all the contact info. __If you do not have an attorney, they have a free service called the Information & Assistance Unit that has officers on hand to answer your questions pertaining to the legalities of the WC system. (link to those phone numbers here) __They cannot help you once you retain a lawyer. __Unlike other courts, it can take three months to remove your attorney from your case if you are not satisfied with the service. __Keep a record of everyone you speak with, the time, date, and the reason for the call. __Fight for your rights to be heard.

Disabilty determination exam for Medi-CAL

I had a disability determination evaluation this week at the request of the Dept. of Social Services for California because I applied for Medi-CAL (at no one's request, I just want to have general medical coverage). The purpose of the exam (as I understand it- - I could be wrong) is for them to say "Yes she has repetitive strain injuries in both her arms that affect her from working and beyond that she functions normally." I have done a Qualified Medical Examination for my WC claim when they doubted my treating physican's diagnosis. The QME was very rigorous and I totally agreed with my doctor's findings. I assumed this evaluation would be similar and because haven't improved since then. On all of my reports from my doctor it says:

IMPRESSION:
1. Bilateral upper extremity RSI.
2. Mild median ulnar neuritis.
3. Rule out TOS.

This seemed to have rubbed the examiner the wrong way. He said, "So what's you're disability?..What is RSI?" When I told him: Repetitive Strain Injuries, and then he met my bewildered look with one of his own.
"Repetitive Strain Injury isn't a medical term. That's a cause. Your doctor's notes give me no medical diagnosis of your actual disability."

Let, me back up just a tad, when I got into his office, he had no idea who I was b/c he didn't have my files at first. Once he got them, it was obvious this was the first time he had looked at them. So he took all of 3 minutes to review/ skim and then launched into a hurried interview. I was still shaken about the lack of proof he had that I have a diagnosis and I feel I didn't answer his questions really well. The actual "examination" felt las routine as a ride operator's schpeel at a theme park. It was standard health stuff like heart rate, b.p., reflexes- but nothing really intensive with the arms. He did not do anything that would be irrefutable in support of a tendon realated injury. Adson's and Tinel's tests are unfakeable. He didn't do anything that I had done at my QME that involved precise, recorded measurement. When he did palpation, it seemed like it was too light and brief for anything to be determined. There were other things he had me do that seemed to be tests to rule out other additional disabilities. And at the end he wanted me to do windmills which I didn't do entirely.

All in all, it was a rotten exam. I feet like my doctor has let me down a bit and its going to affect me on this state disability determination ruling.

Day 398

How this is gonna work:
I am not going to backtrack and go chronological with my experience. I would stay injured if I were to type that all out and besides, I am not into reliving all of it and, in turn, wallowing.
Instead I am going to cover things:
I wish I had known ahead of time= Mistakes
I have learned along the way= Hints
I still have questions about= Huh?
(more to come?)

I hope I am writing this blog as a resource. And I wish that people will comment, ask and answer questions here. I will be so happy if this happens. You know, I have a ridiculous amount of experience and knowledge about RSIs and the WC system in California now and it would be silly for me to not share it.