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ARTICLE · 06 FEBRUARY 2019

Requests For Medical Treatment In Workers' Compensation

Drew Eckl & Farnham, LLP
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Let's consider the simplest possible workers' compensation scenario. An employee is injured on the job. There is a clear incident.

United StatesEmployment and HR
Dana Schwartzenfeld
Dana Schwartzenfeld
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Petitions for Medical Treatment

I. Overview

Let's consider the simplest possible workers' compensation scenario. An employee is injured on the job. There is a clear incident. There are several witnesses. The incident is immediately reported to the employee's supervisor, and an incident report is completed. The employee takes and passes a drug screen. The employee is shown a valid panel, circles and signs next to her choice, and is scheduled to see the provider that same day. Everything is going great. Then the unthinkable happens. The authorized treating physician recommends treatment that the insurance company does not deem necessary, and thus does not want to pay for. The insurance company denies the treatment. The employee hires a lawyer. The previously smooth process comes grinding to a halt.

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