The Defense Base Act requires the Employer to pay for medical benefits which are related to the work injury or illness. Medical treatment is payable for as long as the injury or illness requires. The injured worker is entitled to an initial free choice of physician.
It is important that the injured worker choose his physician wisely. Just as with any other situation, a good doctor will give full attention to all of your medical conditions, and communicate timely with your legal counsel. The worker must follow his physician’s instructions and attend all appointments. Your physician will also determine work restrictions and whether you can go back to work.
If specialists are medically needed, such as an orthopedist or psychiatrist, the Employer is responsible for payment to those physicians as well.
The Employer or their insurance carrier will often deny medical benefits, arguing that the treatment is not medically necessary or causally related to the work injury. They are entitled to conduct one or more special examinations with doctors that they choose. These doctors often conclude that the medical problems the worker is experiencing are not related to the work accident, but are caused by pre-existing conditions. It is important to retain legal counsel in order to challenge the conclusions of these special examining physicians, and to establish before the DOL that your Employer, and not you, should pay for treatment.