Legal Question in Workers Comp in North Carolina

I have been on workman's comp for a while. I requested my adjuster to see another doctor. Iwas informed that I had to return to work. I filed a request through the North Carolina Industrial Commission to see a second doctor. Am I permitted to leave work, and NOT reutrn to work, until after seeing the second doctor?


Asked on 10/19/11, 11:35 am

1 Answer from Attorneys
Geneva Yourse Cauley Pridgen, PA

You are allowed to leave work and receive workers' compensation while out of work if your doctor has prescribed restrictions that your employer cannot accommodate or has written you our of work completely. If Industrial Commission has ordered that you see another doctor, that doctor can also write you out of work or give you restrictions. If the second doctor also writes you out of work, it can be assumed that you were also unable to work in the interim while waiting to see the second doctor. There are some ways to get around that, but it may involve a hearing.

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Answered on 10/19/11, 11:39 am


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