Legal Question in Workers Comp in Georgia

hurt on the job

my husband was hurt on the job 5 months ago, he shattered is ankle in about 13 pieces. they were able to piece it back together but is still in alot of pain and he cannot walk..this was five months ago. he has had 3 surgeries. now the doctor is saying your fine start walking and released him to go back to work with therapy 3 times a week. the problem is he cant walk so how can he go back to work and he waork out of town so how can he do physical therapy and be out of town. can the doctor medically release him when he can walk.


Asked on 10/09/07, 12:26 pm

4 Answers from Attorneys

Scott Delius Delius Law Firm, P.C.

Re: hurt on the job

I would be happy to discuss your case. Call me toll free at 866.352.3311

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Answered on 10/09/07, 12:31 pm
Lee Biola Law Office of D. Lee Biola, LLC

Re: hurt on the job

Workers' comp insurance companies often steer injured workers to doctors who are overly optimistic about recovery. This is not an accident. There may be a way to get you switched to a better doctor.

If you do not already have an attorney, feel free to contact me so we can discuss the case.

Lee Biola

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Answered on 10/09/07, 12:42 pm
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: hurt on the job

Your best option is to consult an experienced workers comp attorney who can work on your behalf. Physicians have discretion in making determiniations about readiness for a particular task and appropriate therapy. If a large portion of a physician's business comes from a particular insurer, then they (the physician) has an interest in managing that insurer's cases in a manner that assures a continued business relationship. An attorney can work to overcome barriers to your husband's recovery and eventual return to work.

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Answered on 10/09/07, 2:54 pm
Tom Brown Burdine & Brown

Re: hurt on the job

I do not think that you will be forced to return to work while you are still in PT. If so, it might be time to go to the doctor with your husband and have a little "heart to heart" with the doctor. He is just running over your husband. Stand up to him. He seems like a real company doctor. If your husband is required to travel to another town, was he so required before his injury. Is this a new job, just made up for him. It may be harrasment just to see if he will quit. Do not, do not quit under any circumstances. Then the insurance company and the employer will argue that they offered him a good job and he "just refused it." You would be playing into their hand. Now, if you absolutely had to do this job (and it was the same one he had before his injury), you might need to find another PT facility in the other town. What if there were no PT facility. That would certainly prevent the job offer as being inappropriate. Have you had a second opinion? Georgia law allows you to obtain a one-time Claimant's IME from a doctor of your own choosing and the insurance company must pay for it. Your requirement is that you must notify the insurance company in advance (preferably by fax) so that they cannot argue that they did not get your notice. If you have an ankle injury, there are some really good ankle and lower extremity doctors in the Atlanta area. Again, let me caution you to be sure to get the absolute best specialist to help you. You may be seeing a general orthopedic doctor. Do not waste your IME on just any doctor. You won't have this chance again. Quite frankly, you are now at a stage where you do need a specialist in WC law on your side. The insurance company knows what they are doing. You are about to step into uncharted territory. Do so at your own risk now. I would be glad to meet you and your husband in my office at no charge for one consultation. Tom Brown

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Answered on 10/10/07, 7:27 pm


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