Despite the fact that you and your workers’ compensation lawyer may think you have a cut and dry case, judges may not think so. In fact, many of these cases are denied, despite physical proof of the plaintiffs’ injuries. However, one case in California shows that if you didn’t get an adequate and fair hearing, and you were denied workers’ comp benefits, an appeal with the right doctors can help.
You would think that the word of one doctor regarding personal injuries on the job is enough. It isn’t. Most cases need a couple of specialists to weigh in to confirm what a GP or singular specialist has claimed. In the winning case in California, the plaintiff had to request an appeal and re-request the right to be seen by other specialists and have those specialists speak in court.
An orthopedist is nice, but you may need other doctors that can attest to the injury claims you are making. Neurologists, psychiatrists, pulmonologists, and any other doctors that are directly related to the injured body parts must be allowed to evaluate you and speak. That is how a case is won. The irrefutable evidence and testimony of multiple specialists cannot be denied by the court.
When a patient isn’t allowed to be evaluated by doctors of his or her choosing, or the court denies the plaintiff’s request to be seen and evaluated by other doctors, it tends to leave a loophole open for appeals. Your lawyer can request a hearing before a different judge, an appeal with requests for more professional evaluations of your condition, and inclusion of any body parts affected that have recently been feeling the impact of your injuries. If you were only allowed to be seen and evaluated by the defendant’s chosen professional, then that can also be called into question in appellate court.
It behooves you to get your attorney to examine what went wrong in your case. Then ask for an appeal based on those questionable testimonies and/or questionable court practices.