WHAT TO DO WITH THE EMPLOYEE WHO REFUSES TO COMPLY WITH MEDICAL RECOMMENDATIONS?

Often times, our office will get calls from claims handlers inquiring what their options are when they have an employee/Plaintiff with an accepted work injury who refuses to undergo the care being recommended by the authorized physicians. Nebraska Revised Statutes §48-120(2)(c) and 48-162.01 allow a judge to suspend, reduce or limit compensation or benefits an employee may otherwise be eligible to receive. If that injured employee unreasonably refuses to avail himself of medical treatment furnished by the employer or unreasonably refuses to cooperate with physical, medical or vocational rehabilitation furnished by the employer.

However, there are some caveats. First, the Supreme Court has held that while a judge may suspend, reduce or limit those benefits for a period of time, the Court does not have the power to terminate benefits altogether or dismiss a petition based on the same. Second, the ability to suspend benefits only apply if an employer is able to prove that the employee’s unreasonable refusal of medical care worsened the condition or prevented the employee’s condition from improving.

As a practical matter, we always recommend that an employer or insurer indicate in writing to the employee that their failure to undergo reasonable medical care could result in a cessation of benefits prior to actually ceasing said benefits. For questions regarding medical benefits under Nebraska workers’ compensation law, please contact Paul Barta.