Legal Question in Workers Comp in California
Their Doctors are over 4hours away
My company says I have to drive over 4 hours away to fill out their paper work and to see their doctors. I have hurt my back and this is not possiable because of the drive. What are my rights as far as having to drive so far to see a doctor.
2 Answers from Attorneys
Re: Their Doctors are over 4hours away
If you injury was before 1/1/05, Your employer has the right to control your medical treatment for only for a limited amount of time. Then you have the right to designate your own primary treating doctor. You need to get yourself a workers compensation lawyer to handle your case. It is obvious from your question that you are not represented!!
Re: Their Doctors are over 4hours away
It depends upon what stage your claim is in. If you are treating with another doctor and your employer is asking you to drive 4 hours to see a specialist QME, there is an argument for both sides, especially if you live in a rural area.
However, if there is a local doctor in the same specialization within a 4 hour drive, the employer is unreasonable. Yet, I have seen some applicants who jump at the chance to be seen by a doctor so far away because they are entitled to $0.34 per mile there and back, and it must be paid before the examination.
Your best bet is to seek representation as lumbar claims are heavily regulated and litigated, especially if surgery is involved.