Non-compliant employer

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ToniB

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When I got injured, I texted & emailed my Supervisor that I had to go to the Dr's to see why my neck, shoulders & back were in so much after assisting in the warehouse-although I shouldn't have done any physical work due to my health. I am a bookkeeper, not warehouse employee. The Super acknowledged receipt of my email later in the day, making me have to take the whole day off while waiting for her to send me the DWC claim form & to let me know where their W/C clinic is. I ended up downloading the form, completing my part so all she had to do was complete her part & send the form in. There is still the 3 prt Injury & Illness form OSHA requires employers to complete & send it in as well. Long story short, the employer never sent back anything. Their forms, my income verification, any investigation or witnesses, ect. The adjuster found the co. never chose an MPN, so he treated the case as a "non insured case", approving everything since there is no UR review to be done. Every approval I got ahold of showed "No MPN PER BRIAN TO WORRY ABOUT". Since there is now a new adjuster & attorney, everything is different. The defense argues that I received the ins info which was provided by the employer so I am subject to UR review. That's a whole other ordeal, but the question I have, wasn't it correct the way the initial adjuster handeled the claim as tho the employer was non-insured, purposely withholding the ins contact & policy #, along w/any & all employee postings regarding injuries on the job, pay days, discrimination, ect.? If I read Calif LC 3550; an employer is considered non insured by not posting the info. If someone is not insured, then they're liable for all costs w/out a review company to see if it's needed to help cure &/or relieve the effects of the industrial injuries right? Because now w/a new attorney & adjuster, who clearly don't know all that transpired prior to their hiring on, are insisting on forwarding every Dr req't to the UR, without trying to approve things they've approved in the past, but the UR, who is also their Admin Director, has declined EVERYTHING! Help! Thank you
 
You might want to get your own attorney & run this by them. However, hold for other replies - there are others that know more about WC than I do. (who worked with it)
 
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