If you close the medical coverage in the claim, and accept a cash payment for future medical care/FMC, then knowlingly allow another party to pay for treatment to your injuyr, it would be double dipping, and possibly viewed as an attempt to defraud the IC... your atty knows this...ask for his malpractice insurance carrier.
Your ER is liable for treatment to your injury, for life or the SOL/statue of limitations in the WC act. You take the cash, you become responsible for treatment costs. Your own health care provider will just deny the bills. Keep in mind when it comes time to close the claim... FCM paid by the IW is at 'usual and customary' fee schedule. We are not privy to the contracted fees ER/IC enjoy.... big difference.
There really isn't much any atty can do in a comp claim until there are delays/denials to your benefits. Having an atty provides in impartial party to negotiate without emotion any disputed issues in your claim. If there is no reason for any hearings...the atty has little to do. Hi angryandinjured,

I am in NJ and I did return to work with restrictions. I lasted two days and my co-workers and even my supervisor commented on how uncomfortable I looked while I was at work. My supervisor is the one who suggested that I stay home if I wasn't up to working.

My restrictions were primarily sedentary getting up every half hour for five minutes to ambulate. Well every time I got up to ambulate for five minutes and sat back down, the next time I got up, my body was getting stiffer and stiffer. So I had an appointment with my Rheumatologist on the third day. By the time I finished my appointment, it was almost the time I told my supervisor I would be in. I called my supervisor and told her that I was too weak and tired and my body was aching all over. I asked could I work from home that day and she advised me no because they had not authorized me to do so yet. Since I had already given my ER a list of accomodations the day before, I thought they might let me do some training that I could access from my home computer. After she told me no I politely advised her that I would not be coming in again until after I saw my WC doctor. My appointment was a week away.

When I went to my appointment, my WC doctor backed me up and the ER paid me from the time I was out the week before and continued to pay me until I had my IME,


Bottom line is if you can't do it, advise your ER then call your WC doctor and see how soon they can see you.

Good luck!

browneyes