A November preliminary hearing order from Administrative Law Judge Steven Roth confirmed an injured Kansas worker’s entitlement to recommended treatment following refusal by his employer and their insurance company. The Kansas worker sustained an injury to his scapula, or shoulder blade, which required surgical treatment.

While the treating physician recommended surgery, the employer and insurance company did not approve the treatment. They appealed the workers’ compensation case arguing that the medical evidence did not support that the injury claim was work-related.

However, the Judge found that once a physician is authorized, neither the employer nor their insurance company can disapprove medical treatment approved by the authorized treating physician. Similarly, the physician’s diagnosis and opinions were found to prevail regarding the workplace injury.

The Kansas worker will receive the recommended medical treatment, as well as medical mileage costs.

Author

William L. Phalen

For 30 years, Bill Phalen has been representing families and workers whose lives have been devastated by workplace injuries, reckless drivers and the negligence of others. When tragedy needlessly strikes – because of the irresponsible behavior of an employer, corporation or an insurance company – Bill Phalen is an advocate for the people, always representing David in the fight against Goliath. Bill’s strong convictions have led to successful cases at the Court of Appeals and Kansas Supreme Court.

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