Many times the insurance does not play fair. They will jerk you around. You need to have an attorney working on your case for you. If you do not have an attorney and would like to discuss this matter further, please feel free to give our office a call at 404-636-6616.
You need to speak with a worker’s comp. attorney ASAP because the situation is only going to get worse.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
I'm sick and tired of insurance companies taking advantage of injured workers like this. If you want to get the surgery they need to pay for it immediately and you do not want to settle for pennies on the dollar (which the insurance company will shoot for). Some of the tactics insurance companies use are to starve you out, unreasonably deny medical care, and force a settlement while you are still injured for pennies on the dollar. Why would you do that?.
I normally ask the insurance company to approve the surgery only once and then file a hearing to force the adjuster to come tell the judge why they choose not to follow Georgia law (which of course they can't). There is no reason for a job related prescribed surgery that you want to have should not be paid for immediately.
When you enter the workers' compensation system, you are at war. But the good news is that it is a war that can be won. I have been helping a select group of seriously injured workers like yourself win their Georgia Workers' Compensation case for over 2 decades. I'm happy to send you my confidential free report that I wrote explaining 13 common dirty tricks used by insurance companies to wreck your Georgia workers compensation case (including 3 you have mentioned here). I have a few left and if you give me a call and I'll rush it to you free of charge to read in the comfort of your own home. You'll be doing yourself a huge favor whether you hire me, someone else, or continue to go it on your own. Now, I'm assuming you are going it on your own as a qualified, experienced Georgia Workers Compensation lawyer would not stand to have a serious surgery unnecessarily dragged out that long.
From the facts you describe, you clearly have a work-related injury where surgery has been ordered by the authorized treating physician, and where the insurer is taking a strategy of denying and delaying the medical treatment and benefits to which you are lawfully entitled. This is definitely a matter you need to discuss with your attorney if you are represented, or you need to hire an experienced Georgia workers' compensation attorney immediately. I wish you nothing but the best with your claim, and with your continued efforts to fight for the medical treatment you are due as you also fight to restore your health.
Timothy M. Klob
Klob Law Firm
Provision of information in response to this question does not create an attorney-client relationship and the questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel. Respondent is licensed to practice law in Georgia and Tennessee for non-Federal matters with a primary focus on personal injury and workers' compensation, and is also authorized by the Social Security Administration to represent claimants nationwide in Social Security Disability claims. The questioner is advised that some responses on this site are provided by attorneys who are not licensed in the respective jurisdiction of the questioner, and any advice from attorneys on this site concerning state-specific areas such as workers' compensation by attorneys who are not licensed in the applicable and appropriate jurisdiction should be viewed as for general educational purposes and should generally be given lesser weight than responses by attorneys licensed in the governing jurisdiction. Response to this question further assumes that the questioner is not currently represented by counsel, and if this is not the case, then it is recommended that any further questions or concerns be directed to their current legal counsel.