GQ Corner

Q. I have a claimant who had a knee injury and surgery. I have received a full release to return to work with no restrictions. Do I have to have a DD report to give him IR? The claimant lives in Arkansas and the out of state DD wants to charge $4,200.00. 

A. If the treating doctor will certify his impairment rating, there is no need for a DD so long as nobody challenges that certification. The treating doctor can also make a referral to a doctor to do the certification. The two things you cannot do are: (1) send the claimant to a doctor of your choice for an impairment rating; or (2) make up an impairment rating without a doctor’s certification.

Q. I have a client who has an employee who has had two seizures while at work in the last two weeks. The seizures have not been brought on by anything at work and he was not injured during the fall in either instance. We are within our right to deny these claims as the seizures are a personal health condition, correct?

A. Yes, each seizure event should form the basis of a separate claim, and I believe you have a reasonable basis to deny each one given that there is no demonstrated causal relationship to the employment or any specific work event.