Q: I am trying to find a lawyer who will bring a malpractice case and a liable case against Sedgwick CMS
I was injured 7/3/1992. I am old WV Worker's Comp Law. I have permeant disability. Sedgwick CMS with held treatment for two years. I now have stage 4 spinal canal stenosis. In addition they had a independent doctor make a liabile statement that there was no reason I could not return to work. I have had three back surgeries now looking at fourth because of denied treatment.
A: I do not believe that you can sue Sedgewick for anything. Your remedy was to appeal the decision in your Workers' Compensation claim. If you did not have an attorney in your Workers' Comp claim, you should have. He could have obtained a report from your doctor, and cross-examined the "independent" doctor, who probably does a lot of work for Sedgewick. Call a local Workers' Comp attorney to see if you can reopen your W/C claim. Good luck.
Tim Akpinar agrees with this answer
It is not exceptional for IME reports, regardless of the type of insurance involved, to make recommendations to return to work, terminate treatment because maximum improvement has been reached, or make determinations that there is no serious disability. Claimant attorneys can sometimes challenge such positions, based on findings of the physicians who diagnosed and treated the patient. You could consult with a WV med mal attorney as to the merits of the case you contemplate, but you should also check with a WC attorney to review the comp claim.
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