Legal Question in Workers Comp in California
Workers comp. Settled case
I injured at wrk in 11/93. i settled my case in 98. I was awarded medical for life for my rt knee hip neck and arm. I have had another surgery on knee (3rd) Nov. of 07. It did not help and Dr. said I need a replacement. Do I have to go through Ur and Ame for a 2nd when I was award medical for life for these injuries, it was stated then I would need a replacement later on.
1 Answer from Attorneys
Re: Workers comp. Settled case
The second opinion on surgery will only apply if one of the parties, you or the carrier, request a second opinion. Further, if someone disagrees, given that you have an AME, then the AME doctor will be required to issue a statement regarding the need for surgery. However, again, if there is no disagreement, then I suggest you schedule the surgery. In fact, you might request a surgeron to schedule surgery and see how the carrier reacts.