Does the Department of Labor and Industries have the right to have me examined repeatedly by its doctors?
The Department often schedules repeat examinations in what seems like an attempt to avoid making a final decision on a case. There is law that suggests that the Department must have good cause to force a worker to go to repeated examinations. However, at this time, good cause has been interpreted to mean almost any silly reason given by the Department. There is some point where the courts will allow one to say no more exams, but it would have to be such an abuse of discretion that it would offend almost everyone before a refusal to attend would be supported in court. You can still refuse to go for good cause such as distance to the exam, illness, transportation, personal knowledge of or past experience with the examiner and you find him/her offensive.
Last month I crushed two fingers when I accidentally dropped a 5 gallon can of paint. I filed a claim under the employer I was working for. I recently received notice that the claim was rejected because I was described as a "independent contractor". Why did the Department do this?
If someone who is injured is acting as an "independent contractor", they have to maintain coverage for themselves and file the claim under their own business. However, there can be situations where a person, although licensed to do business as a contractor, may hire out to work as an employee. The crucial test is whether or not you brought to the employment anything more than your own personal talents or labor.
