Physician Credibility in Workers Compensation Claims

If you are about to file an appeal for a denied workers' compensation claim in Missouri, you are going to want to make sure that your testifying medical expert is able to make a strong, clear case in your favor. A Missouri workman’s compensation attorney will help you ensure that they are able to do that.

The insurance company also has to have medical evidence to support their decision to deny your benefit. Like yours, their evidence must be compelling enough to convince a judge. Fortunately, physicians are duty bound first to the patient above anyone else. If they are in agreement with your own physician they will be forced to evade the issue at hand in order to please the insurance company.

Medical Testimony in Workers Comp Cases

One ploy used by the employer to circumvent this is by not giving the expert the correct facts that led up to the injury. This will cause them to make a false conclusion based on a retelling of events that was not completely accurate. Of course that conclusion will likely be in favor of the employer.

Take for example, the case of a Missouri factory worker who was given the task of moving a heavy piece of equipment that had gotten stuck. During the 2 hour job he developed a hernia in his stomach. All procedures were followed in that he went first to the company nurse who sent him to the appropriate medical facility. Upon hearing about the front and back motion that the employee was using to try and move the equipment, the treating physician immediately recognized the hernia as work related.

When the employee’s medical witness was given the report to review, the motion described was side to side, not front to back. A side to side motion would not have the same effect, so this physician concluded that the action could not have caused a hernia. She even went on to explain how the employee would not have been able to continue the activity with that type of injury, despite medical evidence describing the onset of a hernia showing the opposite to be true.

In its report, the board was clear in their opinion of the employer’s physicians opinions. They describe it as being flawed and insufficient. They even went on to state that her conclusions were not at all persuasive. They found that the employee was indeed entitled to compensation and ordered that all medical care be paid, including future care.

Missouri Workers Compensation

Your medical testimony will be scrutinized the same way in which it was in this case. That is why it is of the utmost importance that you seek the help of a Missouri workman’s compensation attorney. They will carefully review the medical record with the physician and ensure that their opinions are based on fact, not conjecture. If you are facing an appeal on your claim, it is in your best interest to go at it with a respected lawyer by your side.