Prescott, AZ asked in Workers' Compensation for Arizona

Q: recently got injured at work and i am on work comp. can i change doctors if im not comfortable with the one they picked?

i am a caregiver in AZ got injured while transferring a client, workman's comp said they will pay for medical but not for lost wages. my employer did ask if i wanted to come in the office and work light duty, but the medication the doctor gave me makes me drowsy and tired so i said i wouldn't be able to do it. based on that they denied compensation. can they do that? I just need to know my next step, because i cant go back to my client yet and i'm just starting my physical therapy . please help Thank you

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1 Lawyer Answer
Joel Friedman
Joel Friedman
Answered
  • Workers' Compensation Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: There appear to be several questions here, the first of which is can you change doctors if you are not satisfied with the one you have. The general rule is that you have the right to select your own health care provider, and there are some exceptions depending on whether your employer Is both self-insured and a qualified self-provider of medical services. You can find a list at the website for the Industrial Commission of Arizona.

The second question is if you are required to accept light-duty work from your employer when you have been released by your attending physician. The general rule, again, is that you can either work and get paid or not work and not get paid, but either way the insurance company is entitled to and will take a credit for your actual or available earnings and reduce or eliminate any wage loss disability benefits for which you might be eligible. Your comment about medication making you drowsy and tired as an excuse for not going to work at all will depend on the actual medication and if drowsiness and tiredness are known, significant side effects. That would be an issue for you to discuss with the doctor, especially if you have not told him or her about those issues during previous office visits. The start of physical therapy also is generally not an acceptable reason to decline light-duty work that is offered by your date of injury employer, as most physical therapy facilities can provide appointments that accommodate your work schedule.

The specific answers to your questions depend on information you did not provide in your question, and my response may change with additional explanations and clarifications from you. Please feel free to contact me directly at 602-687-9211 if you would like to discuss your case with me directly. Thank you.

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