Legal Question in Workers Comp in California

If a workers comp doctor recommends surgery do you have to have the surgery?


Asked on 8/21/09, 3:11 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

No one can force you to have surgery, but refusal can effect your benefits. If the refusal is based upon it being a type of surgery that is not reasonably likely to cure or significantly decrease the pain or diability, or it goes against your religious beliefs [some groups object to the taking of blood], or it is a new type of surgery with an unproven track record, you should have no problems. But if there is nothing unusal about the surgery then the WCAB might end your right to collect tempoary disability benefits or additional treatment that would have been unnecessary if you had had the surgery,

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Answered on 8/21/09, 3:38 pm


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