If i have a current workers comp case, and I had already had a previous neck surgery and my surgeon is not in my mpn do I have the right to ...

Question

If i have a current workers comp case, and I had already had a previous neck surgery and my surgeon is not in my mpn do I have the right to be re-evaluated by him

Answer

Technically no for the new case, but I do not know why you cannot see the surgeon under the old case unless you settle it by compromise and release. If so, then defendants will be able to force you to use a a new physician. In situations like this, where there is going to be an issue of apportionment, especially if there is an old schedule new schedule conflict, it is usually best to find an Agreed Medical Examiner who practices workers compensation and can write a report that clarifies issues instead of creating them.

The labor code also notes that you can pay for your own examination. It is admissible as evidence, but has less weight.

Answer

Your treating doctor report will not convince the insurance company. The only report they respect is QME/AME report which should discuss the issue of apportionment. Feel free to call me at 213-388-7070 for a free consultation.