My workers compensation claim was made in the State of: California
I need some advice in “BABBITT V OW JING dba NATIONAL MARKET”, Case #STK 0174793.
My case is almost the same, so when I found the above, it really popped by bubble, I thought I had’em with SB899 sec. 47 with “Except Awards”.
DOI 1976. Date of C&R with Future Medical 1980. Notified by Insurance Carrier (IC) that they started a MPN on 3/1/12, and I had 25 days to pick a new Primary Care Physician (PCP) from the start date, I received the notice on 3/9/12 (so I was cheated out of 9 of the 25 days). I filed a DOR on 3/31/12 objecting to having to give up my PCP of 15+ years contending that under SB 899 Sec. 47 I was excempt (didn’t find BABBIT V OW JING until after the hearing). The (IC) notified WCAB that they objected to my DOR and wanted it cancelled, and then sent me the forms to request a panel of QME’s. Court overruled their objection and the case was heard on 5/1/12.
The Judge heard evidence from me re: SB 899 Sec. 47.
I presented a report from my Doctor that I had a “Serious & Chornic" condition.
I notified the court that when I was hired in 1974, I was never notified of “TITLE 8, CCR 9780.1 (employee’s right to predesignation of PCP).
I also brought to the Judge and attorney’s attention that under LC 4616.2 (7) & LC 4616.3 (2), the IC could authorize my continued care with my present PCP and preclude me from joining the new established MPN.
The Judge would not rule on any of the matters except the report from my PCP that I had a “Serious & Chronic” condition, and therefor could continue seeing her for 12 months.
The Judge then set a Continuance hearing for 5/31/12 on the other matters.
Since “BABBIT V OW JING” screwed me out of my choice of Doctors, can I reopen my C&R for re-evaluation on the monetary award?
I was offered $30K to settle, but when I insisted on “Future Medical” they reduce the monetary amount down to $15K with Future Medical.
Since part of my reasoning for requesting the Future Medical was I had my choice of doctors, (no more company Doctors)
Quote from another thread on this website:
(While there MIGHT be some very fine Docs in the IC/ER's MNP, the IC/ER still has TREMENDOUS INFLUENCE over the MNP Doctors, and one MIGHT find that the MNP Doc will "succumb to the pressures", and NOT "report favorably", on behalf of the IW...if the MNP Doctor wants to REMAIN in the MNP, that is....and NOT have the IC/ER yank their MNP contract....) .
Can I reopen my C&R and request more money since due to “BABBIT V OW JING”, I lost the crucial part of my “Future Medical Award”, my right to choose my own Doctor?
Any help or suggestions well be greatly appreciated.
P/S: Has there been any appeals to "Babbit v Ow Jing", Case #STK 0174793?