Legal Question in Workers Comp in Florida

shoulder surgery

I was injured at work last summer resulting in a shoulder injury. In Jan. surgery was performed and after three months I am still in pain. I went for a second opinion and now I need to have surgery again. The second doctor said that the first surgery was either not done correctly or the first surgeon did not do what is reported on the surgery report.

I want to go out of the state of Florida to a shoulder specialist but WC says I cannot do this.

Can I go to another doctor and another opinion myself? What are my rights?


Asked on 4/17/99, 2:58 pm

1 Answer from Attorneys
Robert McCall Law Office of Robert McCall

Re: shoulder surgery

You really need to speak with a WC attorney ASAP. You have the rigt to a second opinion once per year by the doctor of your choice. The carrier is correct in that they do not have to pay for an out of state physician IF your injury was after Jan 1, 1994. If you seek a doctor on your own and have unauthorized treatment the WC insurance company may argue you have forfeited your right to additional treatment. Be very careful!! See an attorney ASAP

Robert McCall

Law Office of Robert McCall

1775 West Hibiscus Blvd, Suite 204


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Answered on 4/21/99, 2:44 pm


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