As part of our service to the community, we answer questions on workers’ compensation matters here in Colorado on the Expert Advice Site –  Recently an injured worker posted this excellent question:

“I feel that I did not get the care I requested from my workers’ compensation doctors and/or the other independent doctors she sent me to for care because my health has been declining majorly. She sent me to her peers/colleagues and they could not declare a diagnoses for me and stated I was at MMI. However, the pain management doctor, she sent me to did trigger point injections one time that did not work and he did not try any other methods to help with the pain. All throughout my treatments, I asked to see a spine specialist because I was always in constant pain. Before she started treating me, the previous workers ‘compensation doctor noted that I complained of pain from my lumbar area going up the spine into the cervicothoracic junction and these doctors did nothing. What is my recourse?”

Our answer was selected as the Best Answer:

There are two questions here. One involves potential malpractice and the other is workers’ compensation.

You can sue treating physicians for medical malpractice however beware that medical malpractice is one of the most expensive lawsuits you can bring and as a result lawyers who handle those cases typically require incredible provable monetary damages above and beyond pain and suffering. Beyond that – I will leave it to malpractice lawyers to comment further.

You have a number of options. (1) If you have been placed at MMI and less than thirty days have passed since the carrier filed a Final Admission of Liability you can challenge the doctor’s opinion with a formal Division Independent Medical Examination. If that doctor recommends more care, etc. – chances are you can get it. (2) If you are not at MMI – there are three methods of seeking a change of physician which may be available to you.

You should consult with an attorney quickly to look into this because your claim can close without you agreeing, signing anything, or cashing a check.


If you are injured on the job, your best chance of getting the benefits you deserve is to hire an experienced attorney.  Kaplan Morrell’s attorneys have over thirty years of combined experience helping injured workers in Colorado.  Click HERE, or Call us at Kaplan Morrell at 303-780-7329 for your FREE CONSULTATION.