Legal Question in Workers Comp in New York
my benefits
The judge suspended my benefits because my DR didnt see me for more than 6-8 weeks, everytime I called the Dr to make an appointment they told me they couldnt see me until I had my other MRI, It took me over 2 months to get comp to aprove it, I had it done and maid my appointment the next day, they were booked up and cant get me in until Aug 11th, my hearing was on Aug 1st, the judge suspened my benefits for not seeing the DR before the 8 weeks. Can they do this?
2 Answers from Attorneys
Re: my benefits
Yes. You have to have a doctor's report every 45 days.
That is why you need a good lawyer to help you out.
Unfortunately, you had to learn the hard way that the doctor does not care about you. Why? Because you represent to him only one patient out of hundreds of patients. However, if you were represented by an attorney you would represent hundreds of patients. Why? Because if the doctor pulls that shtick with someone who is represented by an attorney that person will complain to an attorney. The attorney will get angry and send his client to another doctor. Thus, the first doctor will have lost current and future patients.
If you had a lawyer this probably would not have happened to you.
This is what I call the "Attorney factor" and it is one of a myriad of reasons that you should get an attorney.
I hope that when you go back to work that you tell all of your co-workers, your union and anyone who will listen what happened to you.
If you are in the New York Metro-area please give me a call. If you are farther north then I suggest that you go online to the Injured Workers Bar Association and find a Workers Compensation lawyer in your area. The faster that you get an attorney the better off things will be for you.
Re: my benefits
Yes,they can suspend your benefits for "no up to date medical reports". While you are out on comp, you must treat with a DOCTOR, every 45 days or you are not entitled to benefits. If the doctor will not see you, I would find another one that will. If you had an attorney things may have been different at your hearing. i.e. Possibly the case could have been held over without notice for a week, so you could produce an up to date medical report. For more info, you can go to www.lawisland.com
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