Q: Is it possible to get a written statement from my doctor about cause of injury?
My doctor has said several times at my appointment s that it is definitely possible that my injury was caused by my job. He said as far as he is concerned it happened at work its work related however he is not willing to give a written statement. Is there a way legally to get this statement from him or if the case goes to court to legally require him to testify or witness?
A: Sure, you can subpoena him, but if he is so reluctant to testify it might be better to find another expert witness instead of your doctor.
Domenic J. Celeste agrees with this answer
A: You could get the doctor to testify in deposition about his opinion, but a big question here is whether this is your own personal treating doctor or an authorized doctor. In Florida, only authorized doctors, IMEs (hired experts who aren't treating you), or EMAs (judge's expert) opinions can come into evidence. There may be other ways to get a personal treating doctor's opinions into evidence, though, but it's too complicated to answer here. It appears, by your question, that maybe your injury(ies) were caused by repetitive trauma. If that's the case, you have a higher burden of proof, which further complicates your case. Additionally, for an injury to be compensable (covered under work comp), the accident needs to be the major contributing cause (MCC) of your injury(ies), which means the cause has to be over 50%. Your situation appears to be way too complicated to handle on your own. I would highly recommend that you consult with an attorney licensed to practice law in Florida and who regularly handles workers' compensation cases.
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.
