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The Romero Case

Workers' Compensation Case in Oakland, CA

When Nelly Romero suffered an industrial injury to her neck and upper extremities while employed as a cashier at Costco, she sought workers' compensation benefits to pay for her medical treatments. While she was not represented by an attorney, Romero's treating physician issued a report recommending physical therapy, including pool therapy, but the defendant objected to the requested medical treatment. In a workers' comp case, when the defendant or the injured worker disagrees with the treating physician's recommendation, they have the right to request a QME panel.

The defendant requested a QME panel of three doctors, and at this point Romero contacted Oakland workers' comp lawyer Jonathan Brand for help. After Romero and the defendant were unable to agree on a medical evaluator, the defendant scheduled an appointment for Romero with an orthopedic surgeon it had selected from the QME panel. Romero selected a different treating physician, a chiropractor, and asserted that she is entitled to a new QME panel that consists of chiropractors rather than orthopedic surgeons. Her attorney, Jonathan Brand, petitioned the Appeals Board for permission after the medical unit declined to issue a new panel.

The defended argued that Romero erred in ordering a new panel and that she should be evaluated by the orthopedic surgeon it had selected. However, since Romero had not attended and participated in the examination by the panel QME when she changed from being not represented by an attorney to being represented, she had not "received" a comprehensive medical-legal evaluation pursuant to section 4062.1 of the Labor Code. This section of the code provides that if an employee is not represented by an attorney, the employer shall not seek agreement with the employee on a medical evaluator. Workers' Comp Attorney Jonathan Brand was able to prove that his defendant, Romero, did not err in ordering a new QME panel consisting of chiropractors and the court denied the defendant's request for removal.

The Benefit of an Oakland Workers' Comp Lawyer

Attorney Jonathan Brand and the skilled team at the firm have been helping injured workers in Oakland and the surrounding areas for over two decades, and they are well acquainted with the ways that the law protects your rights. If you are looking to recover the full amount of compensation and benefits that you deserve, don't hesitate to call The Law Offices of Jonathan M. Brand for the effective help you need!

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The Law Offices of Jonathan M. Brand - Workers’ Comp Attorney in Oakland, CA
Located at 1300 Clay Street, Suite 600, Oakland, CA 94612
Phone: (888) 245-6507.
Local: (925) 295-1670.
(925) 295-1670