GQ Corner
Q. I have a question on disability and possible abandonment of medical treatment. I found out that the claimant has not attended an appointment since September 2022. He has clearly been non-compliant with medical treatment. Could we make a case for abandonment of medical treatment, and suspend TIBs?
A. Unfortunately, the Division has effectively done away with the idea that the Carrier may dispute disability/entitlement to TIBs on the basis of apparent abandonment of treatment, and therefore you run the risk of a complaint and administrative penalties if DWC perceives the action as improper or unsupported.
Your best bet under these circumstances is generally to request a designated doctor examination for issues of MMI/IR as a means of curtailing indemnity liability in a more concrete and lower-risk way, especially if you believe the medical supports that his condition has plateaued. FOL is happy to assist with that process if you like. You can request a DD via our website: www.fol.com.
FOLIO
