QUESTION
Got cancer while receiving workes comp benefits
Asked on May 19th, 2020 on Workers Compensation - North Carolina
More details to this question:
Hello, I am receiving temp workers comp benefits for the past 18 months for a t-12 compression fracture, and a fracture of the fibula. I have come down with metastatic cancer, for which I am receiving chemo/radiation. This leaves me unable to visit the treating comp doc because I am immuno-compromised and he insists on seeing me in person (I think he is about the declare that I have reached MMI, a notion which I highly dispute and have other medical professionals who agree with me). He hasn't seen me in 3 months or done imaging in 10 months. I believe that he only is insisting on seeing me now because it would be difficult (legally speaking) to declare that I have suddenly reached MMI without seeing me.. Do I have a right to not go for an in-person visit with him while I am undergoing chemotherapy and Covid-19 is completely out of control in his city? My Oncologist told me to strictly avoid being in a medical setting. Please let me know what you think. Thanks, Barb.
1 ANSWER
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Hi Barbra,
There's not a clear "yes" or "no" answer to your question. If the Industrial Commission (the state agency that oversees all workers' compensation claims in North Carolina) agrees that you have a valid reason for not attending the orthopedic appointment, you should be OK. My personal opinion is that, with the immuno-compromise from your cancer treatment, you've got a valid reason but I'm not the decision maker.
Make sure your oncologist puts in writing the restriction against coming to a medical setting in person. It's best to get this lined up before you needed, instead of at the last minute if the workers' compensation insurance company starts to fuss about you not being able to show up to the appointment.
Answered on May 22nd, 2020 at 3:28 PM