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Thread Title: Responding to Petition For Removal/ or Petition For Recon
Created On Wednesday January 28, 2009 2:18 PM


sunset estates
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Wednesday January 28, 2009 2:18 PM

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I would appreciate help in my argument to WCJ favorable ruling.

1) How many days do I have to respond? I believe it's ten days, but is there additional five days for mailing?

2) What do I call my response? Answer to Petition .....

3) Does the IC have to do a UR for every PR-2 that requests a modality even if it's repeated every eight weeks? If yes, are they in violation of a Labor Code if they don't?

4) The WCJ would not let DA cross exam me because DA had no Good Cause to. DA is arguing; Due Process rights, Fourteenth Amendment, Fair and Open Hearing/ Fair Play

5) DA is attempting to remove WCJ on LC 5311 and CCP Section 641 (f) grounds. What are the precedents of that?

6) Regarding Evidence : What is New, that I can not use in my response to Recon Petition?
Can I use: Post Trial Brief, Statements at MSC, or evidence already in my file at WCAB that was not used in aforementioned action?

Thank You for Your Expertise.

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STEVEPSCA@YAHOO.COM
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Thursday January 29, 2009 7:38 AM

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Your intent is to dispute a judges finding that is 'favorable' to you ?
Is that because you don't feel you received enough of what you requested...(?)

'3) Does the IC have to do a UR for every PR-2 that requests a modality even if it's repeated every eight weeks? If yes, are they in violation of a Labor Code if they don't?'

The/your PTP submits the request for treatment... CA refers to UR for review to ACOME/MTUS/EBM... if the request is denied timely, and you disagree, you initiate the PQME process... still disagree, you file a DOR and take the issue to a judge.
Barring exceptions, the UR process must be completed with in 14 days.
Submitting multiple PR-2 is basically counterproductive...at best.

ﾧ9792.9. Utilization Review Standards--Timeframe, Procedures and Notice Content...http://www.dir.ca.gov/t8/9792_9.html

The FAQ's for IW's is here...http://www.dir.ca.gov/dwc/FactSheets/FactSheet_A.pdf

'4) The WCJ would not let DA cross exam me because DA had no Good Cause to. DA is arguing; Due Process rights, Fourteenth Amendment, Fair and Open Hearing/ Fair Play'

Was this a 'trial' to resolve your case, seeking a F&A/O ?
I dunno, from your post here, it would appear you are a "CA' attempting to assist a DA in challenging a favoable decision to an IW...(?)

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sunset estates
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Thursday January 29, 2009 9:16 AM

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I am the IW at a MSC trying to uphold the WCJ favorable F&A for modalities, that the DA is trying to deny me.
I forgot one other argument that DA sited: I presented medical studies at MSC that he wanted me to send him before MSC so he could dispute, but WCJ allowed a Post Trial Brief. I don't understand how I rebut this argument other then DA had opportunity to do so in Post Trial Brief didn't he?

Thanks

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postscript2
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Thursday January 29, 2009 1:47 PM

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What is your DOI and did you previously have an F&A that was not appealed timely? If your F&A is over 20-30 days old, then what is the D/A trying to accomplish???

I suggest that you contact an I&A Officer PRONTO!

Good luck, and why must this continually be a problem for I/W's to "enforce" an F&A or Stip!!! Is it a matter where you can C&R your case and go on with life without constant harassment? I hope the D/A has done his/her homework, as a Petition for Removal is very rarely granted... I could count on one hand in 20 years of this happening. I call it "Judge" shopping, akin to "doctor" shopping.

Did you have an AME or PQME? An attorney previously, that's dropped off the face of the comp world? Just curious.

Good luck (can't give out legal advise, not an atty)...

LCS

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sunset estates
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Thursday January 29, 2009 2:40 PM

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I was injured before 2004, I am in court for future medical and the WCJ found that I should get PT and a modality. There has been a long delay/unreasonable waiting for DQME but it was canceled a week before. I was never notified by CA I found out when I called up confirming my medical ride with cab company. The DQME substantial evidence is now in direct contradiction to other doctors in his last Supplemental Report he viewed two of these medical reports and I just noticed DQME failed to write as in previous Supplemental Reports that the review of these medical reports don't change my opinion. The DQME will not admit that he was in error! I believe it was deliberate and the reason they canceled QME because he can no longer maintain erroneous findings as he has done many times before. Is there anything that can be done in WC court, medical board, etc. to prevent this doctor from hurting other IW?

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STEVEPSCA@YAHOO.COM
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Thursday January 29, 2009 6:46 PM

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'I was injured before 2004, I am in court for future medical and the WCJ found that I should get PT and a modality. '

As your DOI is pre 2004, and you are not subject to the 24 visit cap, and you have a favorable decision by the WCAB judge ordering additional PT....and a 'modality'... (?)

What is the DA attempting at this point ? What is the reason you are being denied treatment/PT ?

I'm not sure I see what all the toying is here... the judge ordered the treatment... is the DA/IC filing a appeal to this decision..?
As you have the favoralbe decision, what are you attempting to prove up though the medical evidence. If you 'won', what difference does it make at this point what the DQME has to provide...?

If the defense/DA is attempting a recon on the F&A/O, it would be based on the medical evidence at hand, not through additional 'discovery'... that would be a second bite at the apple...

' I am in court for future medical...'
You have a stipulated award, or a F&A on your claim... ?

If there is a dispute to any requested treatment based on a previous stipulation, why are you not using the Panel QME process? vs a AQME/DQME ?


'The DQME will not admit that he was in error! I believe it was deliberate and the reason they canceled QME because he can no longer maintain erroneous findings as he has done many times before. '

What you happen to 'believe' really has no bearing on your problems... you're gonna have to deal with the medical evidence you have on hand.

'Is there anything that can be done in WC court, medical board, etc. to prevent this doctor from hurting other IW? '

No... forget about what this doctor might do toward IW's in the future...deal with your own difficulties. When your problem is resolved, you will have time to advocate for others...

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