Legal Question in Workers Comp in Maryland

What are my rights

Thank you for your help.

Under an existing and approved worker's comp case, what are my rights:

1. To see a doctor, for a 2nd or 3rd opinion of my choice, before I submit to a traditional lumbar fusion surgery as recommended by the case manager's insurance company and their doctor?

2. If it is recommended by qualified doctors, for me to have medical massage treatment to help with pain relief/circulation problems along with suppliments, can I make the worker's comp insurance carrier pay for the recommended treatments and services?

Thank you for your help!!!


Asked on 9/19/02, 11:08 pm

1 Answer from Attorneys

Joseph Trevino Law Offices of Joseph A. Trevino

Re: What are my rights

You seem to have a fairly complicated, serious injury work accident. I assume, although it is hard to believe that you are not now nor have you been represented by Counsel. The carrier is recommending a course of treatment, a very serious procedure involving fusion of the vertevrae. If you seek another opinion on your own, you may have to pay for it or your attorney would have to arrange it. If the carrier's recommendations are validated by your second opinion, of course the work comp insurance will be responsible for the procedure and anything that flows from it. I am sure you may be eligible for vocational rehab, assuming you will be unable to return to your previous line of work. You may be entitled to a long term residual permanency as well. THese are all aspects that can be better explained by a competent attorney. Since you are looking for a 2d opinion, i take it you are not crazy about the surgery suggested by the carrier. Meanwhile, I assume you are receiving your temp total benefits. It would in your best intests to consult with a knowledgeable lawyer. It won't cost you anything. We don't charge until and unless you receive a settlement at the end. If you need to discuss, you can call me at 1-800-924-6217, cell # (301)775-0129. Joe Trevino, Esq.

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Answered on 9/20/02, 12:48 pm


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