You are entitled to your own choice of physician in a Louisiana workers compensation claim. If there’s a dispute between a doctor and the claimant’s treating physician there’s a procedure called a state independent medical exam. In that case a third doctor reviews the opinions of both doctors. If there’s a dispute between those two doctors the state can get involved and appoint a third doctor. You have to abide by what that state doctor says are covered under the Workers Compensation Act and you need to be honest and tell the truth about those pre-existing conditions. Find out why, and more in this video with attorney Robert Martina.
Video Transcription:
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In Louisiana, workers compensation claims you’re entitled to your own choice of physician, each field of specialty. But the workers compensation carrier, or the employer is entitled to send you for second medical opinions to doctors of their choice. So if there’s a dispute between a doctor, a SMO doctor, which would be the company doctor. And a dispute between the claimant’s treating physician, well then there’s a procedure in place called a state independent medical exam, where the court would appoint another doctor, a third doctor to review the claimants treating physicians opinions, and then the company’s second medical opinion doctors opinions. If there’s a dispute between those two doctors the state can get involved and appoint, a third doctor I call them the tiebreaker doctor, but basically it’s a state independent medical exam, so he’ll either agree with the SMO physician or the claimant’s choice of physician and then usually you have to abide by what that state doctor says accidents or pre-existing injuries or pre-existing medical treatment are covered under the Workers Compensation Act and are compensable under the Louisiana workers compensation laws but you have to be honest and forthright and tell the truth about those pre-existing conditions because if you don’t then your benefits can be terminated based upon misrepresentations or fraud. So always tell the truth about prior accidents or injuries, because as long as the new accident aggravated your old condition you should be covered. For more information on workers compensation claims go to GallowayJefcoat.com.
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