Scranton, PA asked in Workers' Compensation for Pennsylvania

Q: Can a human resourses rep dictate medical advice?

I strained my tendons and am off ( Workmans Comp ) 6 weeks for therapy. The HR rep said thats too long and was going to call the Ortho Surgeon to pressure him to release me sooner. Before I rip this person apart with my union rep by my side, I would like a little legal advise.

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1 Lawyer Answer

A: That is a more complicated question than you might think. Assuming you are within the first 90 days and treating with the panel providers, the HR rep frequently has an ongoing conversation with such doctor allegedly to make sure you receive appropriate care and that the doctor is aware of your actual job requirements. At the end of the day, it is the doctor that must make the decision as to treatment, but the HR rep may "assist" the doctor by providing relevant information. This is especially true if you signed an authorization allowing the HR rep and doctor to communicate freely. If you are not comfortable with how your claim is being handled, I would suggest you obtain legal counsel to make sure your rights are not being violated.

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