As I have written in this blog and on my Georgia workers' compensation web site, the quality and nature of your medical care following your injury will have a lot to do with whether you win your claim and with how much money you can expect at settlement.
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I wanted to know if there was anything that could be done to help me. I had surgery on my left shoulder and have reached MMI with a disability rating and significant work/lifting restrictions (I'm a nurse). Now, my right arm is starting to grind and bother me. I know it's from overuse of it because I had no problems with it until I kept having surgeries on my left (3) and had to use it all the time. Is this a part of my workers comp. claim or do I have to be on my own with this?
Sonji
Jodi Ginsberg replies: Sonji, he injury to your right arm is potentially compensible as part of your workers' compensation claim. If your authorized treating physician will agree that the problems you are having with your right arm are consistent with overuse that is reasonably and logically the result of having only one functioning arm then you have a strong argument for benefits.
Technorati Tags: arising out of the course of employment, georgia workers compensation, overuse syndrome
My question is that, I've been out hurt for a year and 3 monthswith a crushed heel. I've seen 2 workers comp doctors and just saw a independent doctor. The independent doctor said that he could heal me,and do surgery but the workers comp doctor disputes his opinion. Now the insurance company says that their not going to let me see him nor pay for the surgery. If the workers comp doctor would have x-rayed my foot he would've saw that its still broke but he hasn't x-rayed it in 6months or hasn't seen me in 3 months and refuses to give me anything for pain. Isn't that refusing me treatment? Please give me some advise???
-John
Jodi Ginsberg responds: John, thanks for your question. I am going to assume that you are not yet represented. If you are, you should speak with your lawyer to discuss the reasons for the denial and what you can do about it.
There are a number of approaches I would consider in your case. First, I would evaluate whether you have a good argument to ask for a change in your authorized treating physician. If you are not getting better and the independent medical exam doctor states that surgery is indicated, I think that the State Board would consider a request for change in treating physician. The law provides for such a change if the current doctor demonstrates a "failure to effect a cure or give relief."
I would also discuss with you whether you might consider a settlement of your claim. Sometimes, when there is uncertainty in a claim (differing opinions by the doctors), you have an opportunity to maximize your settlement dollars since the insurance company faces an unknown risk in future surgeries and wage benefits. Settlement would only be appropriate if you feel comfortable that you could pursue medical treatment on your own and are prepared to assume that risk.
Technorati Tags: independent medical examination, workers compensation doctor, company doctor, georgia workers compensation
More on Company Doctor Will Not Help Me – Is There Anything I Can Do?
Filed under Case studies, Foot/crush injuries, Georgia Workers' Compensation, Medical benefits by
North Carolina workers' compensation lawyer Dan Deuterman recently wrote about one of his cases, Clark vs. WalMart, that ended up in the North Carolina Supreme Court. Although the Clark case arose under North Carolina law, there are implications for Georgia workers' compensation claimants.
More on New Job Injury Triggers Related Medical Problems – What is Compensable?
If you have never filed an on-the-job injury claim before, prepare yourself for a rude shock once you file your workers' compensation claim. In theory, Georgia's workers' comp. law is designed to reduce disputes between employers and employees – in fact, I believe that workers' compensation is just as adversarial as divorce or any other hotly contested litigation.
More on Nasty Surprises for First Time Workers' Comp Claimants
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