Q: Case closed but case still open with my doctors and I’m unable to see my doctor.
What can I do if my employer never close my case with my doctors and I’m unable to see my doctors? I’m trying to contact them but it’s going to their voicemail. Can I sue them for pain and suffering because of all the stress they’re causing me?
A: If the indemnity/lost wages portion of your case was settled but the medical portion of your case remained open, you should contact your attorney or an attorney that has experience in workers' compensation cases to help. You may be able to file a petition for benefits seeking continued authorization of your work comp doctor. It's unlikely that you can sue the employer/carrier for pain and suffering but there are exceptions to that general rule. Further details and discovery would be required for an attorney to make that determination.
Tim Akpinar agrees with this answer
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