I had back surgery three months ago, now it looks like I am going to have another surgery. My doctor ordered in-home support. Can my workers comp deny it?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The Workmans Compensation Carrier, better known as the insurance company, can deny anything. We think the question you are really asking is will they? If your physician ordered in-home support and the insurance company does not want to pay for it they can ask that you be seen by one of their own physicians for a second opinion.
If both physicians agree then you should be able to receive in-home care. When you say in-home care we believe you are referring to rehabilitation and therapy in your home.
California’s Workmans Compensation benefits are among the most liberal in the country. Rehabilitation benefits pay for medical and therapeutic care (like physical therapy) which may be necessary to help you cope with and recover from your injury or illness. They also cover the care and training necessary for you to regain the skills and abilities you need to return to work.
If your injury or illness prevents you from returning to your former job, rehabilitation benefits might pay for evaluation, retraining, tuition, and other expenses associated with helping you become qualified to work at a different job.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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