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Insurance Delays

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my3suns

Junior Member
What is the name of your state?What is the name of your state? California
I was injured Oct. 2000 had two shoulder surgeries over a two year time frame. When I settled in 2003 I recieved lifetime medical on my shoulder.
I started having problems with the shoulder again and saw the doctor May of this year. After having a arthrogram it showed I have a tear again. The doctor put me off work June 24th pending surgery. I had a depostion on Oct 26th. The insurance companies attorney admitted that both the insurance company and their office couldn't find my files. Then on Oct 31st I had a expedited hearing with the WCAB. I was ordered by the judge to have a second opinion. I still have not heard from them about the appointment.
My question is: Do I have any other legal recorse in this matter other than the WCAB. Why does any human being have to live with this for five months waiting for surgery because of someone else's incompetance. I do have a lawyer but he will only handle the worker's comp part.
I want to sue them outside of the worker's comp case is there any attorney out there who can possibly help me?
 


momtwice

Junior Member
I'm from California. Your attorney should be calling the insurance company's attorney and finding out what's going on. That's why you have an attorney. If the Judge ordered you to a second opinion at the end of October, there should be something on the Order stating a time frame. Twenty to thirty days should be enough and may even be indicated on the Order. Call your attorney EVERY DAY. What I do (I work for an applicant's attorney) if I'm not getting answers from insurance companies or their attorneys is call them EVERY time my client calls. I calmly explain to the insurance company and/or their attorney that I will be calling them every time our client calls me. Because that's what we're there for. And that I would be negligent in my job if I didn't make the telephone call. They'll get tired of it and get things moving. However, your attorney should be taking care of this.
 

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