TERMINATION OF
LOUISIANA WORKERS COMPENSATION BENEFITS
Contrary to what many
people believe:
- Your Louisiana Workers Compensation
benefits often can be terminated while you are still
under active medical care.
- Your employer usually is not
required to obtain the approval of the Louisiana Office
of Workers Compensation before terminating your
benefits.
One of our primary goals
is to have your Louisiana Workers Compensation income
benefits and medical benefits
continue without interruption until you either return to
work or settle your claim. There are many things that you
can do to improve your chances of receiving benefits on a
regular basis, including attending all of your medical
appointments.
Unfortunately, Louisiana Workers
Compensation insurance companies will sometimes terminate
your income or medical benefits based solely upon the results of
a limited examination performed by a doctor they selected
for a
Second Medical Opinion. If the insurance company is able
to obtain a report from their doctor that says you can go
back to work, they may terminate your benefits even though
your treating physician continues to withhold you from
work.
You have many options in
such a situation, including:
While it is true that employers usually
are not required to obtain the approval of the Louisiana
Office of Workers' Compensation prior to terminating your
benefits, there is one important exception to this general
rule. Judicial approval is required prior to terminating
benefits if the only basis for termination is because you
refused to submit to an examination with a physician
selected by the employer or insurer. If your benefits have
been terminated solely because you failed to attend a
medical appointment arranged by your employer or their
insurance company, you should contact an attorney for
assistance in filing Disputed Claim for Compensation with
the Louisiana Workers Compensation Court.
Next: Termination of Employment
|