maritime law firm

maritime law firm

Example of a Company Doctor:

A maritime worker was injured when a crane strap was incorrectly secured to a container.  The worker fell hard and landed on the deck of the platform.  The force of the landing jarred his back and neck.  He tried to continue working but soon realized he could not finish his shift, much less his hitch.  A helicopter was called to transport him ashore.  A company representative met him in port, expressing great concern for his condition.  The worker was taken directly to an occupational medicine clinic.  The worker assumed that an occupational clinic is where he should be, considering he was injured on the job, not realizing he was seeing a company doctor.  The doctor examined him, ordered a few diagnostics including MRI and X-rays.  Following a review of the MRI, the doctor referred the worker to physical therapy with follow-up appointments scheduled.  The doctor told the worker his MRI was “basically unremarkable”.  At each of the follow-up appointments, the worker told the doctor that he was in a great deal of pain and asked if he should see a specialist, to which the doctor said “no”. 

After four weeks of therapy and a single injection administered in the doctor’s office, the doctor informed the worker that nothing further could be and the doctor placed the worker at MMI.  The doctor released the worker to return to work.  The worker returned to work at the doctor and the company’s direction.  He quickly realized that he could not perform his duties and requested to be returned to port.  The worker then decided to see his family doctor and took his MRI reports with him.  The family doctor promptly took him off work and referred him to a specialist for surgical consult.  The worker informed his company of the situation and was told that he was released to work by the company doctor and was informed that he must return to the port at the start of his next hitch or he would be deemed terminated. 

The worker then received a call from his doctor’s office informing him that the insurance company denied or “controverted” his claim.  The insurance company based the denial of benefits on the company doctor’s review of the MRI which stated that it was “basically unremarkable” and the full duty release when the doctor placed the worker at MMI with only minimal restrictions. 

At that point the worker decided to seek legal advice.  It was not too late to help him, but it took time to undo the harm created by the wrong decision he made when he continued to treat with the company doctor.  The worker was a longshoreman. 

Once the proper forms were filed with the Department of Labor, an informal conference was requested and scheduled to take place, but would not occur until five weeks later.  In the interim, the worker did not receive weekly benefits and his medical expenses were not paid.  He was without money and without treatment.

The situation would be remedied, but the process would take time.  All of these problems could have been avoided if the worker had contacted a knowledgeable maritime attorney at the outset of his claim, rather than waiting until problems arose. 

Company doctors usually do not say that they work for the company and will often deny and take offense to being called a company doctor.  Workers can also end up with a company doctor if they choose a doctor from a phone directory.  Don’t gamble away your choice of doctors.  Talk to a reputable maritime lawyer and get a referral to a doctor who is both highly skilled and willing to believe what you say.

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