[CA] FMLA certifying doctor
My wife is dealing with a workplace injury and i have been staying home since 7/15 to care for her while she’s off her feet. However, her workers comp doctor has refused to complete my FMLA forms, stating that its for MY doctor to do since I am not a patient of his. That seemed wrong but I asked my doctor and they agreed they would do it. Talking with a Hartford rep later, they confirmed that the doctor treating my wife is responsible for certifying.
I called my wife’s doctor again and he said he would only do it if MY doctor faxed him a letter specifically stating that he declines to do it. My doctor refused to provide such a letter and I can only imagine his reason being that he was done with the back and forth.
His office did, however, complete my EDD forms and somehow put my wife’s primary doctor’s name on it. In addition, they put my expected return to work date as 7/23 while entering her estimated recovery date as 9/15 so I’m stuck waiting to see if problems arise from that.
I updated my Hartford claim analyst with this info so thats another 24-48 hrs before hearing what can be done next.
I’m hoping Hartford can compel the WC doctor to do his part but if not, is legal action the next step?