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A worker is disqualified where the injury: (1) is caused by the worker's own intoxication (alcohol or other controlled substance as defined by the Health and Safety Code; (2) is intentionally self-inflicted; (3) occurs out of an altercation (mutual combat) where the claimant was the initial physical aggressor; (4)
This petition may be filed when payment of compensation has been unreasonably delayed or refused either prior to or subsequent to the issuance of an award. A petition for penalty can only be filed if you have a pending Workers' Compensation Appeals Board (WCAB) case.
To receive workers' compensation benefits, you typically must receive treatment from a company-chosen doctor.You can choose any doctor on the list. After the 90 days is over, you can see your own doctor as long as you provide notice to the workers' compensation insurer within five days of changing physicians.
No. Your employer or its workers' compensation insurance carrier has the right to choose the doctor who will treat you. The employer and insurer may not be required to pay for treatment you seek on your own without their knowledge. However, the employer and insurer may authorize you to see your own doctor.
What is an Independent Medical Examination (IME)? An IME is a formal medical exam used to evaluate the extent of your (usually) workplace injury. Once the insurance company is notified of your claim request, they will request that you submit to an Independent Medical Examination (IME).
Resolving workers' compensation disputes through a formal claim petition. People who are injured on the job or who acquire an illness or disease through their work do not have to prove fault by their employers to receive compensation for their medical care and related expenses.
First Aid Treatment is Usually Not Enough. Injuries Outside the Office Are Covered. Injuries Outside the Scope of Employment. Cumulative Events and Injuries. Mental Health Conditions.
In order to receive workers' comp benefits, you'll need a medical diagnosis from a doctor. Your doctor will also direct all of your medical care, deciding whether you need physical therapy or medications, for example.
As a general rule of thumb, you should never discuss anything except the basic facts of the accident, including where it occurred, the date and time it occurred, what type of accident it was, and which body parts were injured.