Legal Question in Workers Comp in New York
nys workers compensation laws & medical services
My husband has a NYS Worker's Compensation case & we live in NC. I have two questions concerning NYS Workers Compensation & NC medical services.
1. We were advice that NC requires patience to do a drug test at least every 2 years since he will be permanently on Oxycodone & Oxycontin. It is suppose to make sure that there is any other substance abuse is going on. Is that true?
2. Also, isn't it the right of the doctor to order a complete blood test to ensure that there is no other physical changes in the patience health (i.e.: diabetes) that might affect well the drug works? The Insurance carrier claims that part of the blood test (diabetes) is not related to his injury. My husband�s mother had diabetes & is part of his family medical history.
1 Answer from Attorneys
Re: nys workers compensation laws & medical services
The carrier will have to get an ime to determine whether this procedure is related to work. If the Ime is negative, then you will have to cross examine the Ime physician at a hearing (or let the judge so this). Unfortunately, no attorney will take your case because there is no significant unpaid lost time.
In other words, there is no way that an attorney could get a fee.
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