Should a workman’s comp insurance company escort an injured person to their doctor and should they required their return to work in a different job?

My husband sustained a back injury at work over 3 months ago which required him to have surgery a month later. At this point, the workman’s comp company is requesting that 1 of their nurses escort him to his next doctor’s appointment. Does he have to allow a nurse to escort him or is he able to let them know that if they want a consult, they should schedule an appointment with the doctor? Also, if the company would like for him to return and do office work, such as data entry and filing, etc. However, he drive a semi and does not know how to type or file, so is he obligated to return in this capacity?

Asked on May 25, 2012 under Employment Labor Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since your husband was injured at a work related event and his workman's compensation attorney requests that one of its nurses escort him to his next doctor's appointment, he should follow his insurance carrier's directive as to such but is not required to have such a nurse escort him to his next doctor's appointment.

If the purpose of the nurse is for a consultation with his treating physician, then a meeting with the doctor should be established without the need for the escort.

If the insurance carrier wants him to return to work doing data entry but he does not know how to do so, then the worker's compensation insurance carrier will be required to send him to classes to learn how to do so if he cannot go back to work ever driving a tractor-trailer.

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