Legal Question in Workers Comp in Massachusetts
Back surgery
I got hurt lifting--name removed--eyewashstation at work. I have been out of work now for 2 mnths. I went through all the test and was decided that I needed surgery. I have extreme pain going down right leg.. On my MRI it looks like it is bone to bone cause of bad arthrites. The doctor is going to do----fusion. I called my workmans comp and they want--name removed--2nd opinion. In the meantime I am living on PERCS.
With it being arthrites eating away at my disc could they say no it has nothing to do with work? If they say no can my regular work insurance pick up the bill for surgery?
The last thing is that I live in NH and work in MASS --workmans comp is setting up an appoitment in Mass {1 hr away}--is that because she is trying to find--name removed--Dr thaat is in favor of them?
1 Answer from Attorneys
Re: Back surgery
The Massachusetts Workers Compensation statute is complex. You really need to consult an attorney to protect your rights. The insurer wants a second opinion to see if your injury is work related. If the IME doctor opines that the arthritis is the cause of the injury; they will deny your surgery. You need to give a attorney your medical records to review and determine the proper course of action.
The good news is that the insurer pays your attorney fees.
Christopher M. Kenney, Esq.
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