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?

Related Topics:
3 Lawyer Answers
Beth Gearhart
Beth Gearhart
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Roswell , 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.