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Jonny36 · Nov 1, 2012, 01:08 PM

I was injured at work 8/21/12 and worked their "light duty" for a week and a half putting in over 50hrs with a spinal injury and their doctors ordering an MRI. 9/1/12 I had to go to my local ER instead of going to work because of the pain. While at the ER two co-workers call me asking me where I was that our boss had been calling them wanting to know where I was. Telling them I was the ER and would call when done my boss had left me a nasty message while in the ER. I decided I needed a lawyer, I called into work the next few days then my lawyer requested my absence until I got proper medical attention. I have been denied everything since 9/1 and the insurance carrier for my employer demands a evaluation from another Doctor. I see this doctor 10/24/12 he interogates me for 15 minutes and "examins" me for just under 8. This guy writes a diagnosis statement that's 17 pages and the only thing he got right was my name. He stated I had gone to the ER when I didn't, said he preformed test he didn't, stated words/phrases I didn't and over denies I had a work related injury. I feel this falls under Defamation of Chacter and Slander and as results further denying any of workers comp benefits. Am I correct in thinking this?

Fr_Chuck · Nov 1, 2012, 03:55 PM

Let me see, you have a cell phone but don't take the time before you go, or on the way, or while waiting to call into work.

That was very poor on your side.

It appears without doctor advice, since doctors were still saying you could do light duty, you refuse light duty. ** normally that will stop your benefits for refusing light duty work.
** not sure your attorney was on the right advice on that one. He should have known without a doctor letter not to work at all, you can be fired for not working.

They have the right to ask for another doctor of their choice in many US states.

There is no defamation of character, merely a disagreement of what is wrong.

So at the workers comp hearing, you pay your doctor to come and testify, and prove the other doctor wrong. This is common and happens all the time.

Sounds like instead of telling the boss you were sorry for not calling in, you refused to go to work and hired an attorney, Now you pay the price for that choice.

All you have now is a long workers comp fight, they can go on for years.

Jonny36 · Nov 1, 2012, 05:20 PM

Originally Posted by Fr_Chuck

Let me see, you have a cell phone but dont take the time before you go, or on the way, or while waiting to call into work.

That was very poor on your side.

It appears without doctor advice, since doctors were still saying you could do light duty, you refuse light duty. ** normally that will stop your benifits for refusing light duty work.
** not sure your attorney was on the right advice on that one. He should have known without a doctor letter not to work at all, you can be fired for not working.

They have the right to ask for another doctor of their choice in many US states.

There is no defamation of character, merely a disagreement of what is wrong.

So at the workers comp hearing, you pay your doctor to come and testify, and prove the other doctor wrong. This is common and happens all the time.

Sounds like instead of telling the boss you were sorry for not calling in, you refused to go to work and hired an attorney, Now you pay the price for that choice.

All you have now is a long workers comp fight, they can go on for years.

Well, obviously you're an employers advocate! 1. Employer knew of my where abouts and did call in until my lawyer requested my absence until I was given the right medical treatment because their"light duty" was putting me in the ER. I have not paid my lawyer a dime, being a Longshoreman case my employer has to pay him.
My lawyer is well aware of the laws and has not done me wrong and how can you say this doctor for hire not slander or defamate my character with a half a@z exam and falsifying my testamony saying I had gone here and these other doctors can't find anything when it had not happened. Stating it was not even a work related injury, I have the accident report saying it was! It's people like you that make this W/C cases go on for years, I have never so much claimed unemployment in my life even after the Marine Corps. I know I done my part and covered my own!

odinn7 · Nov 1, 2012, 05:25 PM

Originally Posted by Jonny36

Well, obviously your an employers advocate! 1. Employer knew of my where abouts and did call in until my lawyer requested my absense until I was given the right medical treatment due to the fact that their"light duty" was putting me in the ER. I have not paid my lawyer a dime, being a Longshoreman case my employer has to pay him.
My lawyer is well aware of the laws and has not done me wrong and how can you say this doctor for hire not slander or defamate my character with a half a@z exam and falsifying my testamony saying I had gone here and these other doctors can't find anything when it had not happened. Stating it was not even a work related injury, I have the accident report saying it was! It's people like you that make this W/C cases go on for years, I have never so much claimed unemployment in my life even after the Marine Corps. I know I done my part and covered my own!

So really... I have to ask... it's clear to me from reading this that you have all the answers. So then why did you come here asking us?

ballengerb1 · Nov 1, 2012, 06:05 PM

" I had to go to my local ER" and later "gone to the ER when I didnt," I am confused by your posts, can you explain?

Jonny36 · Nov 1, 2012, 06:26 PM

Originally Posted by ballengerb1

" I had to go to my local ER" and later "gone to the ER when I didnt," I am confused by your posts, can you explain?

This Doctor was stating in his statement that I had gone to the ER on dates that I had not gone to the ER for reasons he had falsified.
I don't have all the answers referring to the comment of having all the answers. Someone officially documenting false statement doesn't seem right or moral.
Me being me will not sit back and let people walk on me. This is q&a and have the right to defend myself when some tries to tell me other wise

ballengerb1 · Nov 1, 2012, 06:58 PM

You might want to read this Defamation of Character in the Workplace If you believe your boss defamed you and hindered your career you can always try to sue. So far I don't see defamation but there may be some violations of workmans comp, are you covered by workmans comp?

AK lawyer · Nov 1, 2012, 07:10 PM

... I feel this falls under Defamation of Chacter and Slander and as results further denying any of workers comp benefits. Am I correct in thinking this?

No, you are incorrect. As Fr_Chuck told you, "There is no defamation of character, merely a disagreement of what is wrong."

The worst that can be said about this doctor's report would be that he was a very poor listener. That's not libel.