Workers’ Comp Doctor Says You’re Fine? Here’s What to Do (Legal Second Opinion Guide)

• Apr 26, 2022
• Blog
• Michael Burgis & Associates, P.C

If you’ve been injured in the workplace, your employer has probably referred you to a workers’ compensation doctor. But what if that doctor tells you there’s nothing wrong with you? Is that true? Do you need a second opinion?

Many injured workers don’t realize they have legal and medical options—and they can push back against employers and doctors who insist there’s no injury and no workers’ compensation claim. It’s common for this to happen, and you don’t have to deal with an injury without compensation.

What Is Workers’ Compensation in California?

Workers’ compensation is a legally mandated insurance system that provides benefits to employees who suffer job-related injuries or illnesses. Under California Labor Code Section 3600, employers are required to provide medical care, temporary or permanent disability payments, and other benefits.

Key Components of a Workers’ Comp System:

• Employer Obligation: All employers are required to carry workers’ compensation insurance.
• Employee Eligibility: Any employee injured within the course and scope of their employment qualifies, regardless of fault.
• No-fault System: You do not need to prove your employer was negligent.

Who Are Workers’ Compensation Doctors?

A workers’ compensation doctor is a medical provider who evaluates, diagnoses, and treats injuries under your employer’s insurance plan. In California, these providers are chosen from a Medical Provider Network (MPN)—a pre-approved list maintained by the insurance company.

Why Do Some Doctors Say “There’s Nothing Wrong”?

It’s not uncommon for doctors aligned with insurers to dismiss or minimize injuries—especially when diagnostic tests don’t immediately show abnormalities. This can happen in cases like soft tissue injuries, psychological trauma, or repetitive stress.

Common Reasons for Denial:

• No immediate imaging findings (e.g., X-rays look normal).
• Subjective symptoms (e.g,. pain without visible injury).
• Doctor pressure from insurer to limit payouts.
• Delayed reporting of injury by the worker.

This does not mean you’re not injured. It simply means you may need a more comprehensive evaluation by a doctor who will truly advocate for your health and recovery.

Why and How to Get a Second Medical Opinion

If your treating doctor says nothing is wrong but you’re still in pain, you’re legally allowed to seek another opinion from a different physician within your MPN.

Medical Provider Network

• Definition: A group of doctors and healthcare providers pre-approved by your employer’s insurer.
• Function: Allows the insurance company to control medical costs while still providing treatment options.
• Rights: You can change to another doctor within this network at any time (under Labor Code §4616.3).

When a QME or IME Comes In:

• Qualified Medical Evaluator (QME): A state-certified doctor who provides an independent medical opinion when there’s a dispute.
• Independent Medical Examiner (IME): Often used by insurance companies, but in California, the QME is the official, unbiased authority.

What If You’re Experiencing Psychological Symptoms?

Injuries aren’t always physical. California law recognizes psychological injuries—such as anxiety, PTSD, or depression—resulting from workplace incidents like harassment, violence, or trauma.

Yet, these are often the most denied claims due to their subjective nature. You’ll need supporting documentation from a psychiatrist or psychologist within your MPN or through a QME.

Pro tip: Document emotional distress, work disruptions, and any related therapy sessions or medications.

Why Your Diagnosis Matters More Than You Think

The type and accuracy of your diagnosis determine the benefits you are eligible to receive. Misdiagnosis or a lack of diagnosis can lead to denied benefits, reduced settlements, or unnecessary delays.

Key Legal Medical Terms:

• Temporary Disability (TD): Wage replacement for time off work.
• Permanent Disability (PD): Compensation for lasting impairment.
• Impairment Rating: A percentage reflecting how much your injury limits your ability to work.
• Functional Capacity Evaluation (FCE): A test assessing your physical ability to perform tasks.

A misjudged diagnosis may lower your impairment rating, leading to a lower settlement or denial of PD benefits.

Breakdown of Workers’ Compensation Benefits in California

Understanding your rights helps you know what compensation to expect and what steps to take if denied.

Types of Compensation:

1. Medical Treatment: Paid by your employer’s insurance for all authorized care.
2. Temporary Disability (TD):
   • Begins when your doctor says you can’t work due to injury.
   • Typically, 2/3 of your gross wages.
3. Permanent Disability (PD):
   • Paid when your doctor determines you won’t fully recover.
   • Based on the Permanent Disability Rating Schedule (PDRS).
4. Supplemental Job Displacement Benefit (SJDB):
   • A $6,000 voucher for retraining if you can’t return to your job.
5. Death Benefits:
   • Paid to the surviving dependents of a worker who dies due to a job-related injury or illness.

Each benefit is calculated with formulas based on your injury, wages, medical findings, and QME or P&S (Permanent and Stationary) report.

Denied Claims: What You Can Do

If your workers’ comp claim is denied, do not accept it as the final word. You have the right to appeal and request a formal hearing before the Workers’ Compensation Appeals Board (WCAB).

Denial Scenarios:

• Insurance claims no evidence of injury
• The doctor says you’re exaggerating
• Late filing or incomplete paperwork

Solutions:

• Request a QME
• File for Utilization Review (UR)
• File an Application for Adjudication of Claim
• Get legal help—especially if you face retaliation or termination

When to Hire a Workers’ Comp Attorney

At Michael Burgis & Associates, we’ve helped over 2,000 California workers reverse denied claims and secure the benefits they were entitled to. When the system seems stacked against you, legal expertise is your strongest ally.

Legal Representation Helps With:

• Filing appeals and paperwork correctly
• Gathering and submitting proper medical evidence
• Representing you in front of WCAB judges
• Negotiating maximum settlements
• Changing doctors or disputing MPN limitations

We work on a no-win, no-fee basis, meaning there is no upfront cost to hire us. We only get paid if you win.

Frequently Asked Questions (FAQs)

What happens if my workers’ comp doctor denies my injury?

You can request another MPN physician or file for a QME. It’s your legal right to challenge medical findings.

What is the difference between a QME and an IME?

In California, QME is state-approved and part of the dispute resolution process. Insurers typically hire an IME and may not always be neutral.

Can I still file if symptoms started late?

Yes. Delayed symptoms, especially in soft tissue or mental health injuries, are recognized in CA law—but documentation is critical.

How is permanent disability calculated?

It’s based on your impairment rating, age, occupation, and diminished future earning capacity—formulas outlined in the PDRS.

What is Labor Code §4062?

This section governs disputes over treatment, diagnosis, and disability. It allows you to request a QME to resolve conflicts between you and the insurance company.

Contact Michael Burgis & Associates – Get the Help You Deserve

You don’t have to face this alone. At Michael Burgis & Associates, we’re committed to:

• Standing up against insurance denials
• Helping injured workers get second opinions
• Supporting psychological injury claims
• Maximizing your compensation

Free case evaluation
No out-of-pocket costs
Thousands of successful claim reversals

Schedule Your Free Consultation Now
Let us protect your rights—and fight for the justice you deserve.