Adairsville, GA asked in Workers' Compensation for Georgia

Q: I have a worker's compensation case open in Georgia and require surgery. Can I get the surgery in NY State?

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3 Lawyer Answers
Beth Gearhart
Beth Gearhart
Answered
  • Workers' Compensation Lawyer
  • Royston, GA
  • Licensed in Georgia

A: You will need to ask the insurance adjuster handling your claim.

G. Robert Ryan, Jr.
G. Robert Ryan, Jr.
Answered
  • Workers' Compensation Lawyer
  • Valdosta, GA
  • Licensed in Georgia

A: It is unlikely that the State Board of Workers' Compensation would allow a change to a surgeon in New York State, however, more would have to be known about your specific circumstances. The other answer is correct in that you could have the surgery in New York if the insurance carrier agreed to it. If the insurance carrier does not agree, then it could become an issue to be decided by the State Board. The Board ultimately decides what constitutes "reasonable and necessary" medical treatment, depending on the facts of each case. Some reasons why the Board might consider a physician in New York would include if you have permanently moved to New York or if for some reason the surgery requires a specialist who can only be found in New York. Again, more would have to be known about your specific circumstances.

Please note that no attorney client relationship is created by responding to this question. Thank you.

G. Robert Ryan, Jr.
G. Robert Ryan, Jr.
Answered
  • Workers' Compensation Lawyer
  • Valdosta, GA
  • Licensed in Georgia

A: It is unlikely that the State Board of Workers' Compensation would allow a change to a surgeon in New York State, however, more would have to be known about your specific circumstances. The other answer is correct in that you could have the surgery in New York if the insurance carrier agreed to it. If the insurance carrier does not agree, then it could become an issue to be decided by the State Board. The Board ultimately decides what constitutes "reasonable and necessary" medical treatment, depending on the facts of each case. Some reasons why the Board might consider a physician in New York would include if you have permanently moved to New York or if for some reason the surgery requires a specialist who can only be found in New York. Again, more would have to be known about your specific circumstances.

Please note that no attorney client relationship is created by responding to this question. Thank you.

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