Legal Question in Workers Comp in Arizona
Complaint about long term diagnosis of work injury
Physician that treated my work injury was chosen by my employer. After 7 weeks of treatment, I was released to full duty, even though I told the doctor that my pain still exists. Upon being released, my workmans comp. ended. I still have alot of pain and discomfort. Should I return to the same doctor, get a second opinion or seek legal counsel? I have been out of work for over 7 weeks and I am financially unable to do more than 1 of the above. I truely feel I should not have been released for work but I had no choice because the doctor said there was no permanent damage. Please advise.
1 Answer from Attorneys
Re: Complaint about long term diagnosis of work injury
The answer to your question depends, in part, on whether your employer was self-insured and has a self-provider medical plan approved by the Industrial Commission. If so, you will have fewer options, because such a company does generally get to designate your attending physician. It used to be that only the largest companies had these plans, but the Industrial Commission has been approving more smaller companies in recent years.
In all probability, your employer did not have the right to make you go to a certain doctor. Having done so, however, you have now placed yourself in a position of having to get another opinion on your own. Your selection of the next doctor is critical, and should be delayed until you have advice from an attorney who can advise you on the reputations of physicians you might be considering.
Feel free to call my office if you would like to consult on this issue. 602-253-1789. 800-863-4449.
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