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Posted in Workers' Compensation on January 11, 2017
In Arizona, workman’s comp. gives you benefits for as long as you need “active medical treatment.” That means treatment that is intended to improve your condition. The insurance company will often times send you to one of their doctors to see if you still need it. This is commonly called an Independent Medical Exam, or an IME. If the doctors do not believe there is any more treatment that will improve your condition, they may declare you medically stationary and close your case.
Many times there is a dispute as to whether the treatment will improve a condition. Often times, one doctor says yes, and another doctor says no. That is a time when you would probably have to go before a judge and let a judge decide. However, just because they declare your condition medically stationary, does not mean they believe you are all better.
Each time you go to your doctor, it is recommended that they document the treatment plan. That way, its in your records and the insurance company will see it when they get the doctors report. (They get every doctor’s report). Also, beside the treatment plan, it is best to have them tell you your work status. Again, once its in the records, there will be nothing for the insurance company to protest.
While your case is open, and while you are getting active medical treatment, you should concentrate on getting better. This means making timely appointments and following through with the doctor’s recommendations.
If you are unclear what constitutes “active medical treatment,” you can always call us and run it by us. This is often times a legal conclusion that can only be addressed by an attorney. Call us at 602-248-0380
Ms. Crossman is a State Bar Board Certified Workers’ Compensation Specialist and is past Co-Chair of the State Bar Workers’ Compensation Section. She has served as a faculty member at the State Bar Seminar on Professionalism and is a former Judge Pro Tempore in the Arizona County, Justice, and Superior Courts. In the past, she has spoken at seminars on Workers’ Compensation sponsored by the Industrial Commission of Arizona and the Arizona Association of Lawyers for Injured Workers. Ms.Crossman is a long-time member of the Arizona Association of Lawyers for Injured Workers. She is also a member of American Mensa.