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Senate Committee Passes Bill to Tighten Window for Employers to Accept Claim Liability

  • State: California
  • Topic: Top
  • - Popular with: Legal
A California state Senate committee on Monday approved legislation that would cut in half the time e…

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Ron Perelman Apr 27, 2021 a 7:38 am PDT

I see QMEs and AMes. I believe it is not so much the 90 days as it is the quality of the investigation.For example a CT is filed for back pain. After termination. I need to know if the pt ever told anyone at work, reported it or saw his/her private doctor, etc to show this pt had back pain. That takes old fashion investigation with interviews and statements and digging up private doctor records. I don’t ever have that information, especially the workplace statements. I think that could be done very quickly when a claim is fresh. Just a thought

Anthony Macauley Apr 27, 2021 a 9:11 am PDT

This is a good comment, but it cuts in favor of keeping the 90 day deadline. Some investigation is done quickly. Some should be done more quickly. But often whom to speak with and what records to get only is learned after a deposition. It will often not be possible for a file to be referred to counsel, for a deposition to be taken, an employer investigation to be completed, and medical records to be obtained within 45 days. I recommend the Senate not vote for this bill.

Kimberley J Pryor Apr 27, 2021 a 12:48 pm PDT

I see more bad faith denials than I care to think about. Employers lie and then are found out. We ask for investigation files and are denied them, and find out later there was no real investigation only a call to the employer who lied to the claims adjuster. file All the while an injured worker suffers. and the taxpayers foot the bill...

Ex: Employer states worker did not report injury.
I actually have the text messages from an employer telling the injured worker they have no comp insurance and to go to their own doctor (Medi-Cal) for that injury.

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