Legal Question in Workers Comp in Michigan

Costs of work comp Dr. when ordered by employer

I had been ordered to undergo an medical exam by my employer. I went as instructed by my employer, during my normal working hours. The Dr. my company sent me to sent me to another for a second opinion. The Comp. insurance carrier is disputing the claim and I have now received a bill from both Dr's. Am I liable for those bills when I was ordered to go by my employer. Am I not to receive my hourly pay that was missed because of orders from my employer? (My employer has also stated that those times I was gone - through their order- will be unexcused unless I provide a Dr. slip.)


Asked on 4/19/98, 12:17 am

1 Answer from Attorneys

Bill Barger Law Offices of Bill Barger

Employer disputes workers' comp claim

First, I can only respond in terms of California law. If you are in another state, consult a lawyer familiar with the laws of your state.Second, were you injured as a result of your work duties, while carrying out these work duties? Your employer or his workers' comp insurer is responsible only for on-the-job injuries. Third, if yours is such an industrial injury, and your employer is contesting it, under California law, you are entitled to obtain medical treatment at his expense. The employer, and only he, can control your medical treatment during the first 30 days after he learns of the injury, unless hehas learned of it and denied responsibility or treatment. If the latter is what happened, and you have someting to prove it (witnesses or writings), you can procure your own medical treatment whether he likes it or not, andhe is responsible for paying for it. However, I must emphasize that you need to be able to prove these things in a workers' comp hearing. Yourown unsupported testimony will be enough if the judge believes you, but some judges are by nature skeptical. In any event, you can only contest the medical opinions of doctors under your employer's influence by obtainingindependent, competent doctors who, after a complete examination, agree that you have suffered an on-the-job injury. If your independent physician finds your story fits the medical facts as he can observe them, his written reports willbe substantial evidence in your favor at a hearing. However, your own testimony, unsubstantiated by a physician's expert opinion, won't get you anywhere at a workers' comp hearing. Since yougive no details about your injury, or whether or not you have an injury, I can't add much to this. If you need more advice, you should consult with an experiendced workers' compensation attorney, which (inCalifornia) can be obtained through a number of reference services which have received state barassociation approval. Consult your local bar association fornames and phone numbers.

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Answered on 5/05/98, 2:00 pm


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