Home > Research Legal Advice > Workers Compensation > Can I insist on a female independant medical examiner, and to tape recor...
Asked 5 months ago - Columbus, OH
FlagI received a letter stating the Workers comp claim I filed was being denied, however a week ago they scheduled me to see an independat medical examiner, a male. All my drs have been female, in addition I feel they have lied and tried to trick me all thru this process, therefore I do not want to cooperate by seeing a male dr, and I want to record the examination on tape. Can I make them do this?
The short answer is that your employer and/or the Bureau of Workers' Compensation have the right to pick a physician of their choice on any issue in an Ohio Workers' Compensation claim. As a general rule YOU CAN NOT tape this examination, nor can your attorney be present. Sometimes the Bureau or a self-insured employer can be convinced to use a particular physician, but generally they won't listen to such requests. If they dot the I's and cross the T's on scheduling this examination and you do not attend, your claim will be suspended.
You should obtain the services of a qualified, Ohio State Bar Association Board Certified Workers' Compensation specialist. They can make sure that your rights are fully protected. I would suggest a Columbus area one and there are many good attorneys whose main office or branch office is there, including one who has answered your question already. Ohio workers' compensation attorneys generally will meet on a no cost, no obligation basis to review your rights and will take care of you on a contingent fee (percentage of accrued money benefits they win for you) basis.
You pose an interesting question:
The answer depends on several things.
1) Is this a self-insured Ohio BWC claim?
2) Do you have a psychological component (diagnosis) in your claim?
If self insured claim - If you have a psych component, you can see if your psych doctor will support your need for a female doctor examining you.
If state funded claim - you can see if your CSS would honor your request for a female physician.
From your question, I strongly suggest you obtain the services of a Board Certified Ohio Workers' Compensation Specialist Attorney. This is too difficult to answer via email communication.
A free phone consultation is usually provided by attorneys. If you wish, feel free to call me.
Mike Gruhin
http://www.gruhin.com
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