Treating Doctors vs. Defense Expert, Who Wins?

Very often in New Jersey workers' comp, the job will send an injured worker to one of their so called "independent" expert doctors. Usually, this is done when the insurance company disagrees with the treating doctor and wants to cut off treatment. When treatment and benefits are wrongfully terminated, it needs to be fought in Court and then it becomes a battle of the doctors.

There is hope for New Jersey's injured workers as their treating doctor will be given more weight than the insurance company's hired gun.

Pursuant to case law established in New Jersey, any conflict of opinion between
medical experts, generally greater weight is given to the opinion of the
treating physician. See Muews v. Union Bldg. & 'Contr. Cop., 45 N.J. Super.
89 (App. Div. 1957). Generally the physician treating the patient is in a
better position to express an opinion as to the cause and effect than one
making an examination in order to give expert testimony. Celeste v.
Progressive Silk Finishing Co., 72 N.J. Super. 233 (App. Div. 1962). Where
medical testimony is in conflict, greater weight ordinarily will given to
the testimony of the treating physician. Albelit v. General Motors Corp.,
46 N.J. Super. 475 (App. Div. 1957).

If you or a loved one has a work related injury, contact Bagolie Friedman Injury Lawyers now for a free and confidential consultation now.