K.C. v. US Airways, Inc. IC# 894452

Bobby L. Bollinger Jr.

Case Conclusion Date:June 10, 2010

Practice Area:Workers Compensation

Outcome:We won. The injured worker was awarded medical care with a new doctor he chose, who helped him to recover and get back to work.

Description:Mr. C injured his shoulder when he fell onto the tarmac at the airport. The case was accepted, but after surgery Mr. C was still having pain. The insurance adjuster sent Mr. C to a well-qualified doctor for a second opinion, but that doctor felt that nothing was wrong with his shoulder that required treatment. Mr. C was dissatisfied with this opinion so he saw another surgeon on his own. That surgeon felt that another procedure would help to relieve his pain so that he could do his job without pain in the future. But the insurance adjuster refused to let Mr. C be treated by this new doctor who had a treatment plan. We went to a hearing to force US Airways to allow Mr. C to be treated by the doctor of his choice. In June 2010, the Deputy Commissioner ruled in Mr. C's favor, and he was treated in the comp case by the doctor who believed that he would be able to help him, rather than the doctor chosen by the adjuster who felt that no treatment was needed for his painful condition. The decision is posted on the Industrial Commission website in the Livelink section. NCIC case # 894452

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