Q: Can my employer make me see another dr?
I'm not seeking work comp. I saw my dr that I've seen for 15+ years and attained a note from said dr saying I was to be on light duty and would be reevaluated in 6 weeks. My employer called and reported a work place injury and then told me I must go see one of their panel dr's. I told them 3 times I do not want to file a work comp claim that I wanted to be treated by my dr. They told me they would not honor the note because he's not one of their dr's. I'm not asking them to pay my dr I will pay for my treatments. I e signed nothing saying I'd see their dr or that I'm filing workers comp. can they do that?
A: Pursuant to Pennsylvania Workers' Compensation law if the employer has a proper panel of physicians and they provided you with proper notice of the panel, you must treat from the panel during the first 90 days after the work injury if you want the employer to be responsible for payment of the bills. Since you are not seeking payment of the bills, that really doesn't matter to you; however, your employer also appears to be saying that they will not provide you with light duty work unless you treat from their panel. Assuming you do not have a contract, they may not have to comply with your doctor's restrictions. If they do fail to provide work within your restrictions you may have a claim for Unemployment Compensation and depending on your condition and the nature of the restrictions an additional claim under the ADA.
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