Legal Question in Workers Comp in Arizona
Doctor never Saw me again to release me.
I had an excepted claim from the workmans compensation insurance company and received two checks. A new doctor released me to limited duty pending an mri report and then told me over the phone that he would fax the results and that I was still released for sedatary or limited work capacity and that my claim was open. He thought my employer had a position for me. He didn't. My TTD checks and all medical checks were stopped by the ICA because of a report from the doctor three days before he faxed my results, etc. I asked to see it for two months and only saw a copy three months later when I inquired into the fact that my file did not contain anything past a med eval done prior to the mri results and the last and only date I saw this doctor. I asked how they the ica could write two Notices of Claim status, based on no physical report or rating or evaluation of me. After that a report suddenly surfaced on 3/24/06 backdated 12/09/06 when checks were stopped. After I requested a hearing the Insurance Carrier rescinded all notices and denied the claim. She also said she could do it so late because she was just informed in may of doctors report. Which Is not true either. What should have been done legally by doctor in my case?
1 Answer from Attorneys
Re: Doctor never Saw me again to release me.
The answer to the question with which you end your submission is, "Whatever he wants." Workers' compensation law does not tell doctors what to do. Insurance carriers are allowed to take action on the opinion of any qualified doctor, and the mere fact that he didn't see you on a particular date is not fatal to his opinion being used to take action.
Your description, however, suggests some significant possible misconduct by the insurance carrier (not the ICA--they're just the regulatory agency). I will need to review all of your documents and probably interview you before knowing if you have a case, however. You can call my office for a free consultation.