Legal Question in Workers Comp in Georgia

workers compensation

my mom is still in severe pain from an injury that happened a year ago, last month. the company has now closed down. the only treatment she has had is pain meds. she has been sent to five different docs total. the only one that ''treat'' her released her. she can't wear a closed shoe or wear anything that touches the back of her foot. the consulting docs are now saying it's nerve damage. there's one doc that noted treatment options & is willing to treat her, but since she hasn't been treated she has refused two very low settlement offers. because of this, her attorneys are saying that the judge will more than likely agree that there's no more that can be done and will refuse the request for the one doctor that can help. does she have the right to choose atleast one doctor throughout this? how can a judge deny her treatment when she's had no therapy or anything and she's still in a lot of pain? please give us some suggestions and help us understand how this could possibly be done. work comp also stopped her payments back in february and she was told to seek employment based on a limitation of standing from 15-30 per hour.


Asked on 8/06/07, 10:37 pm

1 Answer from Attorneys
Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: workers compensation

An employer/insurer has a duty to provide reasonable and necessary medical treatment. As long as the employer/insurer can prove that they have satisfied this burden, the Board may deny a request for a change in physician in your mother�s case. In my experience, the State Board has been very conservative in granting changes in physicians unless the evidence if very clear that the employee is not receiving adequate medical treatment. In order to show that your mother is not currently receiving �reasonable and necessary� medical treatment, I would recommend obtaining something in writing from the consult doctor that states more treatment is medically necessary for your mother. Also have the doctor specifically state what treatment he or she would offer your mother. Good luck.

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Answered on 8/14/07, 3:15 pm


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