Legal Question in Workers Comp in Ohio

Conflict of Interest/Stranded
I was employed at a nursing home facility, when i got hurt in August of 2001. I injured my back, but was able to go back to work. I had a setback in December 2001, and again a few days later, was able to return to work. In April of 2002, i again had a major setback. This time i was unable to go back to work, and some new symptoms occured. I went through the proper paperwork and filed for compensation. A business health physician-who in turn said there was no more he could do for me. Where my problem exists is the Bureau of Workers Comp required me to go to 'their' doctor. The doctor that they assigned me to-was infact the medical director at the nursing home where I was injured. Without success, I tried to get BWC to assign another physician. With all the problems I am having, the doctor awarded me 8%.
Do you feel that this was a ''Conflict of Interest.'' I can't even get my attorney to respond. Do you think I should file a civil suit? That's why I feel-Stranded.

Asked on 9/03/03, 9:23 am

Timothy Hess T. Hess & Associates, LLC

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Re: Conflict of Interest/Stranded

The civil suit would be against your employer for some sort of negligence/intentional tort. That would most likely not prevail.

It does seem odd that the Dr. of your employer was the Dr. assigned. Furthermore, you are allowed to see your own Doctor.

Answered on 9/03/03, 5:20 pm

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