Question

Is LF's doctor, who never spoke with me or evaluated me, allowed to clear me for work?

Asked on March 5th 2021 by Barb
I currently have an open case with LFG. They are currently paying me for mental health leave. They had one of their doctors write a report about my ability to go back to work, stating my current psych doctor was not doing her job by making me go back to work, even though she clearly states I am not ready. The doctor, who never spoke with me in any way, wrote up an evaluation of my mental health and submitted it to them stating I am clear for work. They had a 3rd party evaluation of me with an in person psych interview, of which he agreed with my doctor that I am not ready to go back to work. One question I have is whether or not the doctor who wrote the report, and never actually spoke to or evaluated me, is even allowed to clear me for work or if that is malpractice, since he did not even do his due diligence to make sure to “do no harm” by trying to force me back into a work situation when I am not ready.

Answer

Answered on August 14th 2022 by Attorney Alex Palamara

Barb, I am sorry to hear of the stress that LFG is putting you through. Thankfully, it sounds like the 3rd party evaluation came back supportive of your claim and hopefully your benefits will continue. Should LFG deny your claim, please do not hesitate to reach out to us. Regarding your question about “malpractice” of that reviewing doctor, you will have to speak with a medical malpractice attorney. However, it does not seem likely to qualify for such.