confidential & free consultation
Under the DBA (Defense Base Act), which is an extension of the Longshore Act (LHWCA), you have a free choice of physician. It is essential that you choose wisely. Before making your decision, it’s highly recommended that you consult with a knowledgeable attorney as soon as you can.
Keep in mind that the insurance company cannot force you to treat with their physician. However, if you do treat with an insurance company doctor, it is very important not to sign any documents that state you are choosing the company doctor.
Generally, you don’t make your free choice of a doctor until after you return home from overseas. For example, you may have received emergency medical care in-theater. Or you may have been flown to receive treatment in a foreign city. You don’t actually exercise your choice of doctors until you’re back home. At that point, whom you choose as your physician is critically important to your case.
Your doctor is entitled to a presumption; that is, his or her medical opinion regarding the diagnoses of your injury and recommendations regarding your care and treatment. In a presumption, the judge generally accepts your physician’s opinion over that of the doctor who, for all intents and purposes, works for the insurance company. However, the judge can and sometimes will accede to the DBA insurance company’s doctor. Assuming your physician’s opinions are well-reasoned and not conclusory, then there is a greater likelihood that the judge will credit your physician.
It is vitally important that you are honest with your own physician. Failure to do so may lead to an opinion by your doctor that bolsters the DBA insurance company’s case—to your detriment. If your doctor has faith in your truthfulness, then he or she is more likely to provide opinions which help you, and are therefore more favorable to your settlement.
When you go to a doctor who was chosen by the insurance company, you are seeing somebody who may put the insurer’s profits over your best interests. They may declare that you have reached Maximum Medical Improvement (MMI, or the point at which your condition has stabilized and will not benefit from further treatment or rehabilitation) when that may not be the case, or declare that you can return to work before you are ready, and often without considering all the demands of your job.
When you go to a doctor who was chosen by the insurance company, you are seeing somebody who may put the insurer’s profits over your best interests. They may declare that you have reached Maximum Medical Improvement (MMI, or the point at which your condition has stabilized and will not benefit from further treatment or rehabilitation) when that may not be the case, or declare that you can return to work before you are ready, and often without considering all the demands of your job.
Contact us today to schedule a free confidential consultation with our Defense Base Act Lawyers. Our dedicated staff will provide you with the attention and consideration that you deserve in your time of need. Our Defense Base Act attorneys at the Mara Law Firm will devote ourselves to protecting your interests and obtaining the maximum benefits that your case merits.
If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.
all fields are required*