Legal Question in Workers Comp in Arizona

My wife was hurt at work; she works for a self-insured company. She was receiving some treatment for her injury. They have not done any real diagnostic test for the injury, and have stopped all treatment for her injury except pain management. Her private doctor say that if she was to see my wife she would order a MRI, but she also said that if the company was to find out she ordered the test that it would cancel her claim. The employer also said something similar. Is there any way to force her treating doctor to order the test that other doctors would order or we can we get a second independent doctor to give their opinion. We just feel like we are stuck on this ride and can do nothing but go with the flow while my wife is still in pain and with no change in the foreseeable future.


Asked on 11/25/10, 10:14 pm

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

Sorry that this question slipped past me until now. First, you should make sure that the employer is BOTH self-insured AND an approved self-provider. They get to direct her care ONLY if the answer to both questions is yes. You can call the Industrial Commission Claims Department to find out. If the answer is yet, you're in a very difficult position. They cannot cancel her claim just because she privately gets diagnostics or even care, however. In fact, the courts have stated just the opposite. If you have a way to get more medical information or care, on a private basis, go for it, and if it turns something up, then you might have a fighting chance to prove that she should be grated coverage with docs who are not approved by the employer.

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Answered on 12/07/10, 9:42 am


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