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Can recoup wage benefit after 2nd opinion?
02-02-2010, 12:47 PM
Post: #1
Can recoup wage benefit after 2nd opinion?
Background: Several months ago, I was diagnosed with epicondylitis and radial tunnel syndrome. After being under the care of my family doctor (along with occupational therapy) for 1-1/2 months with little improvement, she sent me to an orthopedist. As a result of my total dissatisfaction with his assessment releasing me back to work (which ended my wage loss benefit), I requested a second opinion. It took two months to get into this second orthopedist, as he is very busy due to his great reputation (unlike the first, who it took only a few days to see). The orthopedist giving the second opinion said that I was not ready to go back to work in any capacity (and this was 2 1/2 months after the first proclaimed me ready), thus reinstating my wage loss benefit. Question: Since my WC caseworker has "accepted" the assessment/report of the second opinion saying that I am not ready to go back to work, is this in effect acceptance/agreement that the first orthopedist's assessment/report was incorrect? The reason that I ask this is that I feel I should be able to recoup wage loss benefits between the date the first orthopedist released me back to work and the date that the benefit was reinstated due to the second opinion. (FYI, I live in Montana.)
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Can recoup wage benefit after 2nd opinion? - Ladyslipper - 02-02-2010 12:47 PM

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