Legal Question in Workers Comp in North Carolina

Doctor

Fell at work from a platform in Jan. 04 had surgery to left knee bursa. Was released from workmans comp doctor in July. 04. Returned for full work. Knee fills up with fluid every day from work.

Can I see another doctor about this?

Can I have workmans comp. pay for this visit?

Thanks for any help.

Ron


Asked on 8/19/04, 6:55 pm

1 Answer from Attorneys

Stephen Camak Lennon, Camak & Bertics, PLLC

Re: Doctor

Ron,

Sounds like you may need to return to doctor for adjustment of, or application of, work restrictions. The insurance carrier should pay for any follow-up treatment related to the injury, as the doctor likely released you to "return as needed". Although time limitations apply, the carrier is obligated to continue providing medical treatment related to the injury.

If you want to see another physician altogether, you have the right to request a second opinion with a doctor of your choice under the law. The second opinion doctor may or may not have additional treatment options, opinions on permanent impairment, etc.

If you start treating with another doctor altogether, without the carrier's involvement, you should (ASAP) file a Motion with the Executive Secretary's office of the NC Industrial Commission, requesting the new doctor be named as the current "treating physician". If approved, the carrier would be required to pay for the new doctor's bills, as well as acknowledge his medical opinions as they relate to your case.

Go to our website at ncdisability.com for NC Industrial Commission links, info, etc.

Good luck!

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Answered on 8/20/04, 9:56 am


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