I am a restaurant manager for a very busy chain restaurant. We are very short staffed, so I went in on my day off to help out. I was cooking, on line. I went to dump a basket of cooked fries, into a warming plate, and a very sharp pain in my elbow brought me to my knees.
I saw my PCP that afternoon, and 5 days later she pulled me out of work indefinitely, as she said I most likely tore a ligament in my elbow.
Immediately, I got a call from workers’ comp. I was told to see one of their doctors who took x-rays, which showed nothing (as I knew they wouldn’t). The doctor decided I should start physical therapy asap! I asked about an MRI, but he wouldn’t schedule one, and then released me to go back to work!
This is in the state of Maine. I honestly do not know what to do. Can I have my PCP schedule an MRI? I know I have torn something. I am not going to be able to do my job. And I don’t want to damage it anymore than it already is. What can I do?
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.
Under Maine Revised Statutes Section 207, a worker injured on the job has a right to be seen by a physician of the worker’s choice.
If you are unhappy with the medical treatment you have been receiving from your workers’ compensation physician, contact the workers comp claims adjuster assigned to your claim.
Explain to the adjuster you believe you are not receiving the treatment you require, especially as your primary care physician decided you require a Magnetic Resonance Imaging (MRI) exam, but workers’ comp denied it.
The claims adjuster can contact your PCP and discuss the issue of the MRI. Moreover, the adjuster can discuss other medical treatment options, especially treatment which will result in your getting back to work as soon as possible.
If you continue to have problems with workers’ comp denying your medically-appropriate treatment, call the Maine Workers’ Compensation Board and file a complaint.
Learn more here: Workers Comp Doctors & IMEs
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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