Legal Question in Workers Comp in California

Additional treatment after release from primary treater

I have been released by my primary treating physician, but I am still in a great deal of pain. May I go to another doctor for more treatment?


Asked on 1/05/98, 5:31 am

1 Answer from Attorneys

Bahman Eslamboly Eslamboly & Barlavi

Generally you can't

Generally not. Once you are released by your treating physician you may not obtain more treatment unless the doctor has specifically indicated that you require further treatment or a second opinion doctor recommends treatment.

If you are not represented by an attorney, you should contact the insurance company upon your release and request a list of doctors from which you may select one to obtain a second opinion. This is referred to as a qualified medical examination.

If you do have an attorney, your attorney will agree with the insurance company on which doctor to send you to. This is called an agreed medical examination. Your future medical care will be determined by the opinion of this doctor.

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Answered on 1/05/98, 5:31 am


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