Legal Question in Workers Comp in Pennsylvania

I have a worker comp claim four the past five months and now the insurance company want to sent someone with me to my next doctor visit. do i have to let them in to the doctors visit, and if i dont will they or can they stop my comp


Asked on 3/28/11, 7:55 am

2 Answers from Attorneys

Terrence Valko ERISA Disability Lawyer

You can have your own doctor attend. Your lawyer may not. If you don't want the person interfering with the doctor-patient relationship, protest to the doctor. If the doctor is really not independent and is in fact a Defense Medical Examiner, s/he will not obey your request. Ask if the Hippocratic Oath allows interference in the doctor-patient relationship.

Another thing to ask is whether the doc has your best interests in mind, or that of an insurance company nurse. Your treating physician or your family doc will be working for - and not against- you.

If you need ask this type of question, it is not too early to obtain Claimants' Counsel.

Good Luck.

TV

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Answered on 3/28/11, 9:50 am
Terence Sean McGraw Warren & McGraw, LLC

You have the right to attend the visit with your doctor without anyone else present. The rehabilitation nurse can attend the appointment only if you allow.

In any event, the rehabilitation nurse can be present at the office at the time and can seek to talk with the doctor before or after your exam (or both.) It is up to the doctor how he handles that. If your doctor does not honor your wishes about the visit and attempts to proceed with the rehab nurse present (very unlikely), discontinue the examination and get a new doctor.

If you are continuing to treat with the doctor that your employer sent you to see, you are now (after 90 days) able to choose a doctor of your own. If your doctor does not handle this issue to your satisifaction, you may want to seek the advice of a workers' compensation lawyer. You may also want to consider getting a new doctor.

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Answered on 3/28/11, 1:13 pm


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