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Contestable Workers Comp Claim

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  • Contestable Workers Comp Claim

    Once a designated doctor is granted and an accident report is filed is my claim still contestable if the designated doctor states that my injury happened in the scope of work?

  • #2
    We ask for your state for a reason. And it would be much easier for you to simply answer the question than for the rest of us to dig down into your old posts to find the answer.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by QueenInez19 View Post
      Once a designated doctor is granted and an accident report is filed is my claim still contestable if the designated doctor states that my injury happened in the scope of work?
      There is only one state I know of that uses a "DD" or Designated Doctor in resolving disputed medical issues in a WC claim, and that is Texas.

      As/If, the DD has found favorable to the IW/Injured Worker, then benefits are due. If the employer/carrier disputes the DD findings...a hearing would be necessary and a judge will make the determination on compensability.
      is my claim still contestable...
      Yup...in all states, either side has the ability to appeal to a judge in comp court, and then to a higher court if necessary, all the way to the state supreme court if they wish.

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