Legal Question in Workers Comp in Georgia

i recently had back surgery that was not work related.i returned to work and reinjured my back at work,now my work says i have to see one of the doctors on their list.i would really like to see the doctor that done the surgery the first i have to use their doctor or can i use the doctor who did the surgery?

Asked on 11/25/10, 11:59 am

2 Answers from Attorneys

Douglas Rohan Castan & Lecca, PC

You are not REQUIRED to see their doctor, but they will not automatically pay for you to see your doctor. You have to go to a hearing to request a deviation from the posted panel of physicians. The way the law is set up, the Employer should have a valid list of at least six physicians for you to choose from. There are many specific legal requirements for that list of physicicans, and if the Employer fails to comply, then you may be entitled to see your own doctor. I would encourage you to seek the help of a professional, because it is not something that the Employer or Insurer will give to you without a fight.

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Answered on 11/30/10, 12:09 pm
Lynda Parker Law Office of Lynda S. Parker, P.C.

Generally, the employer does have the right to choose which doctors treat their employees for work-related injuries. In order to retain this right, however, your employer must maintain a list of six unassociated physicians reasonably accessible to the employees. At least one of the six physicians must practice the speciality of orthopaedic surgery, and not more than two industrial clinics can be listed on the panel. Also, there must be at least one minority physician on the panel. If the list of doctors does not comply with these requirements, the panel can be deemed invalid, and you will have the right to choose your own doctor. Furthermore, if your employer has controverted your claim, it cannot restrict your treatment to a panel doctor.

Hope this helps. If you need any additional assistance in determining whether your employer's panel complies with applicable law, please contact me at (770) 712-9497. Good luck!

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Answered on 11/30/10, 12:19 pm

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