Legal Question in Workers Comp in North Carolina

workmans compensation advice

i have seen a dr, from a 12 foot fall i had at work on april 16th 2008, my dr took ex-rays at every visit, on the last visit he told me a bone in my shoulder had fused higher causing me not to raise my arm, if i am sent to another dr, which is going to happen, could i reuse to have any type of surgury, i don`t think i can take no more pain or therapy it`s too unbearable and i`m afraid to be put to sleep


Asked on 10/13/08, 12:14 am

1 Answer from Attorneys
Stephen Camak Lennon, Camak & Bertics, PLLC

Re: workmans compensation advice

First, make sure you have filed your claim with the NC Industrial Commission with a Form 18 ASAP. You can link to their website from our website at ncworkcomp.com. You should also read the NCIC Bulletin, as well as the Rehab Rules.

While the employer can usually direct medical care in an accepted claim, their right is not absolute. You are entitled to your own second opinion, and can even ask the NCIC to approve your doctor as the authorized treating doctor in the claim if your request is made within a reasonable time period (ASAP). If you are set against having surgery, I would try to find a physician that agreed with you that additional surgery would do little good, except put you through needless anguish. This would at least give you an argument against any type of surgery forced by the carrier to improve your arm, and thereby your wage earning capacity (so they can stop paying checks, medical care, etc.).

Best regards,

S. Neal Camak

Board Certified Specialist in NC Workers' Compensation Law

Raleigh, NC

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Answered on 10/13/08, 1:27 pm


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