A worker is entitled to all related medical in the future, so long as they do not close out medical. The Illinois Workers’ Compensation Act (8A) says that an employer has to pay for “all the necessary first-aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter”. This was demonstrated in the recent case Dye v. Illinois Workers’ Compensation Commission.
In Dye the petitioner had a non-contested injury. She bumped her head. As a result she had headaches for some time and a small bump on her forehead. There was no fracture, but she was diagnosed with closed head trauma, a concussion, and an abrasion to her forehead. She did not treat for two years. Then she went back to a doctor. The arbitrator concluded that this doctor was the third doctor. This would have been out of the two physician rule which limits a petitioner’s medical to two doctors and the referral chains.
The commission reversed that finding holding that doctor worked with the same group as the other doctor the petitioner had treated with. Accordingly, the treatment with that doctor did not violate the two physician rule. However, the commission ruled that it was not clear whether there was observable disfigurement.