Legal Question in Workers Comp in Maryland

Wormans Comp

My husband was recently injured by a third party while driving a company vehicle. Subsequently, he was placed on workmans comp. Within 30 days of the injury, my husbands job sent him to an independent medical professional - which (within a day) forwarded notice back to the job stating that my husband was able to return to work - full duty. Although my husband has not been released by his own doctor (which, by the way, reviewed an MRI and determined that my husband had 3 herniated disks), they've cut off his workmans comp and demanded he stop taking his medication and return to work full time. Notification was provided to my husbands job from his doctor, identifying the injury and stating he cannot work. Either way, his job has indicated that he will be on leave without pay since they ''don't buy'' what his doctor has stated. BTW - The company doctor literally saw my husband for 5 minutes, with the examination consisting of ''turn your head to the left, now right, bend over, and back''. That was it. Is this legal? Does my husband have any recourse to start receiving workmans comp?


Asked on 12/24/08, 6:38 pm

1 Answer from Attorneys
Walter E. Laake, Jr. Joseph Greenwald & Laake Pa

Re: Wormans Comp

You definetly need counsel for the worker's comp claim. Do you have a lawyer for the 3rd party claim? If so he has already dropped the ball by not representing your interests in Both cases. The worker's comp IME will be used by the liability carrier to deny any loss of income after the date of that examination. If you don't have an accident lawyer or if your "accident" lawyer doesn't know worker's comp you need to find one promptly that does. The cases are completely intertwined. I discuss this issue in the Q & A on my website walterlaake.com. Feel free to call me if I can be of help...

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Answered on 12/24/08, 9:07 pm


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