Continue treatment with workers' comp doctor?

by Fred
(Richmond, Ca)

A federal employee sustained a back injury on duty while lifting a 35 lb printer. The employee is currently being treated by a workers' comp doctor, however, the claim was denied.

Should the employee continue treatment with workers' comp doctor or consult an attorney and continue treatment? If a workers' comp doctor is treating, why would they deny the claim? Thank you for any information you can provide.

Visitor Question:
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ANSWER for "Continue treatment with workers' comp doctor?":

Fred (Richmond, Ca):

The claim was likely denied because the worker’s primary treating physician decided the injury was not serious enough to require medical or therapeutic treatment, or the injury was not related to the worker’s job duties.

In cases where primary treating treating physicians decide a worker’s injury is not serious enough to require treatment, or that the injury was not work related, the worker has a right to a second opinion form another government-approved physician.

With that said, if the second treating physician comes to the same medical conclusion and the worker’s claim is once again denied, the worker would be best served by seeking the advice and counsel of an attorney whose practice is devoted to workers' compensation claims.

Fortunately, most workers comp attorneys do not charge prospective clients for initial office consultations.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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