Legal Question in Workers Comp in North Carolina
2nd opinion -10% elbow rating in NC
I was injured 011507, treated by orthopaedist and now released and given a 10% rating for WC settlement. I have very limited use of my arm, no lifting more than 2#,
and cannot perform my regular job.
I am no longer working due to the pain and stress resulting from my injury. I resigned on my own. My question: The insurance company has requested a 2nd opinion rating from a doctor 21/2 hr from my home. Do I have to submit to the 2nd opinion by their doctor? I have no objection if this is legally necessary except it does present a hardship to me in getting to the appointment and the expense involved. Thank you for your thoughts on this matter.
2 Answers from Attorneys
Re: 2nd opinion -10% elbow rating in NC
Do your weekly benefits continue? Who chose the first doctor? More information is needed to answer your question; however, it is normally the employee who has a right to a second opinion under 97-27(b) of the NCWC Act. If it is their second opinion, they should pay your gas and other travel expenses. If it is your second opinion, they are not required to pay such items.
Suggest you speak with qualified attorney and go to the NC Industrial Commission website for more info ASAP. You can get there by linking from our site at ncworkcomp.com. Good luck!
S. Neal Camak
Lennon & Camak, PLLC
Raleigh, NC
Re: 2nd opinion -10% elbow rating in NC
Under the law, BOTH parties have a right to a second opinion on the rating. However, you can object to being made to travel an extended distance by writing to the Executive Secretary of the Industrial Commission. Go to www.ncdisability.com and follow the links to the Commission web site for the mailing addresses and lots of information. Be aware that you do not have to settle your case for payment of the rating if you remain disabled from all work or have a wage loss claim because you returned to lower paying work as a result of your injury. Good luck!
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