Legal Question in Workers Comp in New Jersey
My Doctor is non-compliant to my work related injury...
My Orthopedic Doctor will not comply to certify my medical records to be work related. Soon after I was injured at work by a co-worker who jumped on my shoulder and jolted my neck I seeked medical treatment for neck pain and my Doctor was informed by me on my very first visit how the injury occured and what my symptoms were. I was treated accordingly but in his opinion, my condition is pr-existing (Radiculopathy)and is not work related. What action can I take against the treating Doctor for not signing the certification of medical records needed before my hearing? Isn't it up to the Judge to call the shots, make the decision based on medical records if this is a workers comp. claim?? Please advise me to what action I could take, if any or should I just go before the Judge and let him decide??
1 Answer from Attorneys
Re: Doctor's Opinion=Compensability
A Doctor's Opinion Regarding whether an injury is work related is important. The Doctor's Opinion is especially important if it's a treating doctor's opinion.
I would suggest clarifying with the doctor whether he/she thinks that your current condition is an aggravation of a preexisting condition.
If it's an aggravation of a preexisting condition, it's still compensable.
An example is you have a fragile shoulder and don't know it. Your co-worker hits your shoulder while at work. Even if he meant not to hurt you, the injury is compensable.
There are however some cases where "horseplay" is not considered work related (read not compensable). So, you way have two hurdles to overcome in your case.
You may want to consider a settlement under Section 20 of the Workers Compensation Statute which closes your case in return for a lump sum payment.
Discuss your options with your attorney.
Good Luck.
John M. Pinho
www.njlawonline.com
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