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I have been denied a doctor recommended surgery (rotator cuff) by workers comp. What do I do now. I currently have an attorney

Dothan, AL |

Injured on job (slip/fall), Accident reported by me but not by management until several weeks after injury. Then was sent for treatment, failed drug test, terminated but have still had all medical payments as well as temporary disability covered. Got a good job opportunity so put off surgery to see if I could work. Job was closed by state (bingo facility) Had FCE which stated I gave "unreliable effort". BULLSHIT. Decided to go ahead and have the recommended surgery while not working and because I could tell I would not be able to preform job requirements necessary. I have already had therapy, injections, and an MRI. Doctor scheduled surgery and a couple days before it was postponed and then several days later cancelled. What now?

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Attorney answers 1


Speak to your attorney. You hired your attorney to give you advice on this so you should accept his/her advice. Notwithstanding the above, if you tested positive for drugs, you are going to have a difficult time without a court order. The statute says:

Notwithstanding the foregoing, no compensation shall be allowed for an injury or death caused by the willful misconduct of the employee, by the employee's intention to bring about the injury or death of himself or herself or of another, his or her willful failure or willful refusal to use safety appliances provided by the employer or by an accident due to the injured employee being intoxicated from the use of alcohol or being impaired by illegal drugs.

A positive drug test conducted and evaluated pursuant to standards adopted for drug testing by the U.S. Department of Transportation in 49 C.F.R. Part 40 shall be a conclusive presumption of impairment resulting from the use of illegal drugs. No compensation shall be allowed if the employee refuses to submit to or cooperate with a blood or urine test as set forth above after the accident after being warned in writing by the employer that such refusal would forfeit the employee's right to recover benefits under this chapter.