You need and want your doctor to go to bat for you. Meaning, you want your doctor to be a patient advocate for you. You want your doctor to believe you and trust you. Under California workers’ compensation procedure all medical evidence is submitted to the Court by medical reports and occasional by depositions. Doctors do not testify “live.”
It’s all about medical evidence
At the end of the day, your California workers compensation award is based upon medical evidence. You are limited under California law regarding obtaining medical evidence to win your claim. Because of this, your treating doctors reports can make or break you case, so to speak.
If your doctor does not trust and/or believe you – it can and will cost you significant money benefits.
What can I do?
Let’s face it – your doctor has probably seen injured workers that believe and hope that once they get injured, they will never have to work again. In other words, folks that are probably trying to “milk the system.” That isn’t you and our clients. But nevertheless, it happens.
Secondary Gain
This is called “secondary gain” in legal terms. A fancy way of saying someone is faking or exaggerating their injuries in order to get financial benefits.
What can I do?
It’s simple. Always tell the truth. Be 100% honest with your doctor. If you have good days, then tell them. If you can do limited activities – tell your doctor. Don’t ever fudge and/or exaggerate your symptoms or disability.
This is Part 2 – we will provide additional Parts in the coming weeks.
About us:
2011 Super Lawyer – Workers’ Compensation
Highest Rated Workers’ Compensation Attorney by Avvo.com
Elected President of Consumer Attorneys of San Diego
2011 New York Times Top Attorney
Abogado de Accidente en San Diego
