Legal Question in Personal Injury in South Dakota

Workmans Comp

I have hurt my back and have been out of work for 3 weeks. I was recommended by my chiropractor to go to a specialist because I am going to need to get an MRI. During this time I was not able to go to work and was waiting for the doctor to sign my leave of absene form. I found out today after 3 weeks of waiting to get the form signed that they never released me from work and if the form is not signed by Tues. then I am out of a job. They also finally just know scheduled me for the MRI this has been 3 weeks ago today. Do I have a claim against the doctor if I lose my job due to the fact that I was not able to go to work and he knew this but is now refusing to sign the form.


Asked on 9/14/07, 7:33 pm

1 Answer from Attorneys
J D Haas

Re: Workmans Comp

It is possible that you have a claim against the doctor in that situation, but it is unlikely. The best course of action is to contact the clinic manager, explain the situation to the clinic manager and convince the clinic manager to have the doctor or another doctor sign the slip. I recommend that you contact a SD worker's compensation lawyer so that you know your rights. Best wishes.

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Answered on 9/15/07, 8:32 am


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