My workers' comp doctor said half my disability was non-industrial. What can I do to fight that?

This video reviews the most common option to combat a finding that a significant portion of the permanent disability is non-industrial. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.

When an injured worker is found P&S by the PTP, that doctor must address apportionment. Often times that doctor, especially if it is the same doctor from the start of the case (the one the employer chose), will find a significant portion of the PD is non-industrial. This means that the final PD rating will be cut as the employer is only liable for the disability caused by the injury. The most common way to fight that is to request a panel of QME's from the State, and then go to that QME because he or she is an independent doctor.

The form to request a panel is here - https://www.dir.ca.gov/dwc/FORMS/QMEForms/QMEForm105.pdf

Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.

No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.

If you have any questions, let us know at questions@mywcguide.com

Видео My workers' comp doctor said half my disability was non-industrial. What can I do to fight that? канала My Workers' Comp Guide