Legal Question in Workers Comp in New Mexico

How long is employer allowed to ignore an injury needs taken care of

My employer forced me to lift above permanent restrictions and sublaxed my shoulder. WC sent me back to my surgeon who recommended PT which I already have my own PT program for this injury at home so I told them not to bother. Small problem I have a hand injury also work related that doesn't allow me to do my PT. My shoulder has continued to be a problem and when I mentioned it to occupational med they acted as if it was no big deal and they wearn't going to do anyhting about it. How long can they continue to deny that I need surgery to fix this?


Asked on 8/12/01, 3:13 am

1 Answer from Attorneys
Robert Scott Robert L. Scott, Attorney at Law, P.C.

Re: How long is employer allowed to ignore an injury needs taken care of

The short answer is until an authorized doctor says you need the surgery and the insurer agrees or a judge orders it. In bad cases the delay can be significant. If you have the option to change doctors NM law allows the worker to change doctors. This is allowed only if the employer or insurer made the first choice of doctor. The chantge is allowed 60 days after the first visit with the insurer's doctor and a notice of change is mailed. If you can change doctors, it may be helpful. If you have any questions, give me a call or email.

Thanks, Bob

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Answered on 8/15/01, 7:06 pm


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