iw sues comp doc? (California)

[feelin'it]

1) can IW successfully sue comp surgeon for malpractice?
2) does comp carrier get any type of credit for anything? And what is the procedure?
does anyone have the code on this handy?

[jpod]

1) can IW successfully sue comp surgeon for malpractice?

Yes, but damages are capped at $250,000 based on CA law; this can make it hard to find an attorney who is willing to take on a med-mal case.

2) does comp carrier get any type of credit for anything? And what is the procedure?
does anyone have the code on this handy?

No, the WC insurer is not allowed to intervene or file a lien, in a med-mal lawsuit. Obtaining credit rights is extremely rare and virtually non-existent although it has happened.