Tom McCutcheon – Attorney at Law
Q: I was injured on the job and workers comp sent me to their doctor who treated me for a few weeks and released me to go back to work but I’m still having problems and they refuse to send me back to the doctor or to another doctor. The first doctor said I needed an MRI but workers comp wouldn’t approve it and I’m still having problems. Is this legal?
Roger
Tuscumbia, AL
A: Roger, Joel and I do workers compensation cases day in and day out. All we do is personal injury consisting primarily of automobile accident cases, workers compensation and social security disability. From time to time we involve ourselves with other types of personal injury cases that involve defective products or drug litigation. The rules governing lawyers prohibit us from claiming to be specialists although among lawyers, we all know that most lawyers actually concentrate in specific areas of the law.
Joel and I go to trial on car wreck cases and workers compensation cases fairly frequently. Most people don’t want to hear that their case may go to trial, but the fact is, if your case isn’t prepared for trial you will never be able to settle the case for its true value. The vast majority of cases settle but the ones that are prepared for trial settle for more. In most of the world, there are two types of lawyers, one type that does primarily legal work out of court and those that specialize in trial work. Around 100 years ago in this country there was a popular movement for that system to be imported from England in recognition that an experienced trial attorney could try a case and get a better result in about half the time that an inexperienced trial attorney could.
In your case, there used to be a “motion for medical treatment” which workers compensation attorneys would file in cases such as yours. The court would usually grant a motion for medical treatment and order the defendant to provide a panel of four doctors that the injured worker could choose from for further medical treatment. The Supreme Court changed the rule in a case some years ago and now we have to cut cases like yours in half and try what is known as a “bifurcated” hearing to obtain denied medical treatment. At that hearing we have to prove by competent evidence that the injured employee was acting in the line and scope of their employment and that the employer had notice of the injury as required by law. We also have to present medical testimony from a doctor who testifies that your injury was caused, contributed to, aggravated or accelerated by the event causing the injury. If those things are proven to the judge’s satisfaction, the court will then order the defendant to provide further medical treatment. That is what you will have to do if your employer’s compensation carrier will not allow you further medical care. Call us if you would like our assistance.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
