Legal Question in Workers Comp in Illinois

whose doctor has final say about returning to work full time treating doctor for over a year or the ime doctor who saw me only once

Asked on 1/14/11, 4:49 pm

3 Answers from Attorneys

Matt Belcher Belcher Law Office

Neither - the Arbitrator has final say.

For the Arbitrator to make that decision he will look to the background and qualifications of each doctor and then decide which one is more credible.

Some doctors are known for denying causation or injury, likewise, some doctors have a better reputation and the Arbitrator is more likely to defer to their judgment. Without more information it would be impossible to provide more specific information to answer your question.

Often Section 12 examination doctors (incorrectly called "independent" medical examiners) are specialized in certain areas, so if your doctor is an 'internist' or primary care physician and you have a shoulder injury (for example), you would be better served by being treated by an specialist because I can virtually assure you that your insurance company hired an orthopedist to examine you.

If you have had a denial of medical care based upon a Section 12 examination report you likely need an attorney I'm afraid.

Good luck,

Matt Belcher

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Answered on 1/19/11, 5:07 pm
Mike Helfand

The Arbitrator does get to decide, but if you have a credible doctor, 90% of the time the Arbitrator leans toward the person that knows you instead of the hired gun that saw you for five minutes.

If you have questions or need help, call us at (800) 517-1614. We help all over Illinois or see my work comp blog, Good luck.

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Answered on 1/20/11, 6:49 am
Nima Taradji Taradji Law Offices

like the other attorneys said. you need an attorney to do this for you. you will need to argue to the arbitrator that your doctor knows better and convince him or her on that issue. this is not something that should be done simply counting on the arbitrator to doth right thing. get yourself an attorney. I do not do this sort of work but can refer you to one who does if you need help. good luck.

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Answered on 1/20/11, 7:40 am

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