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  1. #1
    Join Date
    Apr 2014
    Posts
    1

    Default Difficulty Getting Approval to See a Doctor

    I injured my knee at work and it has been such a hassle to even get in touch with my case handler. I have had surgery and my final evaluation and received a rating. I am still in pain and cannot get approval to see the doctor. I have sought legal council but am weary due to my employer being named in the paperwork. I would have assumed the insurance company would have been named. Am I right in this assumption? I am happy with my employer and the way it has been handled on their end. My gripe is with the insurance company. Should I inform my employer that I am seeking legal representation? Should the insurance company be the one named in the suit?

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,749

    Default Re: Injured Knee and Hassle of Case Handler

    It is not a suit. Your employer is responsible and just happens to have bought insurance. If your lawyer says it is ok, then you can certainly tell your employer that you had to get a lawyer because the insurance company is jerking you around and you don't have a quarrel with the employer. That may help you to smooth things over with the employer. But if you have a lawyer you need to let the lawyer do your talking for you otherwise. Your lawyer will inform all the parties of his involvement.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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