Legal Question in Workers Comp in Illinois

Denied Surgery

My husband was injurred at work in February, after bedrest, physically therapy, our physician recommended back surgery. Workmans compensation was not responding to this request for several weeks. When responding, they wanted a second opinion. At the second opinion the Doctor did not agree with the 1st doctor, did not feel that the surgery recommended would fix the problem, but he did feel another surgery would help more, but would not recommend it without further testing. Now, we are receiving a call from our caseworker indicating that the insurance company will not cover surgery and they will be contacting work to put him back on light duty. Do we have any recourse to this information? can they stop our benefits at this time? should we consult a lawyer?


Asked on 8/02/01, 11:41 am

1 Answer from Attorneys
Kelly Bennett Ciardelli and Cummings

Re: Denied Surgery

You should consult an attorney. The purpose of the Worker's Compensation laws are to protect individuals who are injured while "on the job". It is not uncommon for physicians to reach different conclusions regarding the causation and/or extent of an injury. This does not mean however, that your husband is not entitled to additional benefits.

You are welcome to call my office should you wish to discuss your husband's claim. My number is 312-346-2522.

Very truly yours,

Kelly Q. Bennett

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Answered on 8/06/01, 11:43 pm


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