A workers compensation claim can become more difficult when the injury report does not clearly explain when, where, and how the accident occurred. This is particularly important with hand, wrist, and finger injuries because pain, weakness, or loss of coordination may develop gradually after the initial event. An insurer may question whether the condition came […]
A worker may want another medical opinion because treatment has stalled, a diagnosis remains unclear, surgery has been proposed, restrictions do not match the job, or a permanent-impairment percentage is disputed. The request should identify which kind of examination is needed.
A treatment second opinion under G.S. 97-25(b), a permanent-disability rating examination under G.S. 97-27(b), and an employer-requested independent medical examination under G.S. 97-27(a) are different procedures.
Request a treatment second opinion in writing
G.S. 97-25(b) allows an employee to make a written request to the employer for an authorized and paid second-opinion examination. If the request is denied within 14 calendar days after receipt, or the parties cannot agree in good faith on a provider within that period, the employee may ask the Industrial Commission to order the examination.
- State the accepted injury and the medical question requiring another opinion
- Identify proposed qualified providers, location, availability, and the records they should review
- Attach the current diagnosis, treatment recommendation, unresolved symptoms, restrictions, and relevant test results
- Keep proof of delivery, the 14-day response period, each proposed provider, and any agreement or denial
A second opinion is an examination, not an automatic transfer of ongoing care. If the worker wants the new provider to assume treatment, provider-change approval should be addressed separately under G.S. 97-25(c).
A second impairment rating has a narrower scope
G.S. 97-27(b) addresses a worker who is dissatisfied with the percentage of permanent disability assigned by the authorized provider. The worker is entitled to an examination solely on that percentage by a qualified physician chosen by the worker. The employer pays the physician, while the statute assigns travel expenses for that examination to the employee.
The rating examiner should receive an accurate surgical, treatment, diagnostic, prior-injury, and functional record. The resulting opinion should identify the body part, maximum-medical-improvement status, examination findings, rating method, percentage, and reasons. The statute limits the weight of opinions outside the scope of that rating examination.
Do not confuse a second opinion with an employer examination
G.S. 97-27(a) separately allows an employer or the Commission to require an independent medical examination while the employee claims compensation. That examination has different selection, payment, communication, report-production, attendance, and refusal provisions. A notice should be read for the statutory basis, examiner, purpose, records, time, place, and requested testing.
Compare the opinions issue by issue
- Diagnosis and accepted or disputed body part
- Records, imaging, testing, mechanism, prior conditions, and intervening events considered
- Treatment alternatives, risks, expected benefit, timing, and whether care should transfer
- Restrictions, actual job demands, return-to-work capacity, prognosis, and future care
- Maximum medical improvement, permanent impairment, method used, and reason for any difference
The Industrial Commission’s current forms directory should be checked for filings relevant to the claim posture. A general form list does not determine whether the request belongs under G.S. 97-25 or G.S. 97-27.
The related North Carolina impairment-rating guide explains how a medical percentage relates to the statutory schedule, Form 26A, wage-loss evidence, medical rights, and change-of-condition timing.
Rosensteel Fleishman Car Accident & Injury Lawyers provides information about speaking with a Charlotte workers’ compensation attorney about a second medical opinion. A review should define the examination’s purpose before a provider is selected or a request is filed.
Sources
Additional Workers Compensation Articles
Fall Prevention Workplace Injuries in Charlotte, NC After Balance and Mobility Concerns
A fall at work can affect far more than the first medical visit, especially when balance, mobility, pain, or medication side effects make daily activities harder. In Charlotte, an injured worker may need help from a spouse, adult child, parent, or close caregiver to keep track of appointments, report changes, arrange transportation, and communicate clearly […]
Discharge Planning Workplace Recovery Before Returning to Regular Job Duties
Discharge from a hospital, rehabilitation program, therapy course, or other treatment setting does not necessarily mean an employee can resume every prior task. A safe transition requires written clinical instructions and an accurate comparison with the actual job. A discharge plan should convert clinical status into a safe and traceable transition: current diagnoses, medication, equipment, […]
Breathing Techniques Workplace Recovery After Stressful Injury Setbacks
How can simple breathing habits affect the way a workplace injury claim moves forward? When someone is recovering from an injury at work, stress can build quickly, especially when medical updates, employer communication, wage concerns, and insurance questions all seem to happen at once. Breathing techniques workplace recovery can be a practical part of staying […]
