The California workers’ compensation attorneys at Kneisler and Schondel have handled a wide variety of cases in their many years in practice. Often, their clients come to them for assistance when various aspects of their workers’ compensation cases have been denied. One of the many reasons injured workers need the assistance of legal counsel is when their doctor has recommended medical treatment and the workers’ compensation insurance company has denied the treatment.

The Denial of Medical Treatment

With their skills and knowledge of California workers’ compensation law, the attorneys at Kneisler and Schondel have helped many of their clients receive necessary medical care that was originally denied by the insurance company. Though, in general, there is no judicial review process available for injured workers who have been denied medical treatment, there is an exception when the insurance company does not review and respond to a Request For Authorization (RFA) of treatment within five business days. 

The Judicial Review Process

If your employer’s workers’ compensation insurance company failed to comply with this procedure within the five business day time limit, then you have the option to go to court for a judicial review of the matter. When the matter is before the judge, you will need to prove that the insurance company failed to respond to the RFA within five business days. You will also need to prove that the treatment that your doctor has recommended or prescribed is reasonable and necessary to improve your condition. 

Our attorneys have handled many cases where the employer’s insurance company failed to comply with the five business-day deadline for the review and response to an RFA. We know exactly what to look for and can advise you if judicial review is an option in your case. We will take your case to hearing if that is in your best interest.

We Handle Difficult Cases Involving Lengthy Litigation

The attorneys at Kneisler and Schondel have experience handling many cases that required extensive litigation. In one particularly challenging case that took over ten years to resolve, the insurance company denied our client’s workers’ compensation claim. The injured worker was a state correctional officer who had been attacked and injured by an inmate. The correctional officer suffered serious injuries, including broken bones and lacerations to the face.

 In the state of California, if you suffer a work injury due to a violent act or a physical assault, it can be denied if the injured worker was the initial aggressor in the confrontation. Though our client was not the initial aggressor; rather, he was blindsided in the attack, the insurance company denied the claim on the basis that their investigation indicated that the state correctional officer had been the initial aggressor. Our client was subsequently fired from his job. 

Our attorneys fought hard and litigated this case for over ten years. One of the reasons for the lengthy litigation period is that there were many witnesses to the event, all of whom were inmates, and their depositions under oath were taken during the litigation of this case.

 Eventually, the matter proceeded to a multi-day trial which took over two years to be completed. Due to the many witnesses involved, there were three full days of trial that took place during this time. Throughout the many years of litigation, our attorneys persisted in fighting for the rights of our client. This persistence and dedication ultimately paid off, when our client was reinstated to his job and was also awarded ten years of benefits.

In another challenging case that also involved lengthy litigation, our client was an employee of a hospital whose entire claim was denied. She was injured while at work in the hospital while maintaining diagnostic equipment used for radiological scans. As she was performing her work duties, a ceiling fixture suddenly dropped from the ceiling and hit her on her head, which knocked her unconscious. 

The hospital denied the claim, alleging that she was injured as a result of violating hospital policy by standing on a table. After nearly two-and-a-half years of litigation, our attorneys were able to secure her a successful result at trial, and she was awarded workers’ compensation benefits.

No matter how difficult your case may be, our attorneys are prepared to fight for your rights to workers’ compensation benefits. We are not afraid to take your case to trial and to litigate your case all the way to the end. Contact us today at (707) 542-5132 or fill out our online contact form to schedule a consultation to discuss your workers’ compensation claim.