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.