Workers Failure to Get Medical Treatment Because Language Barriers
In evaluating the evidence, some related but ultimately distinguishable authorities show how language barriers can impact this sort of claim.
A Missouri court held that when a claimant who did not speak much English failed to get prior authorization for necessary medical treatment, he was not barred from making a claim for that treatment. Pruteanu v. Electro Core, Inc., 847 S.W.2d 203, 206 (Mo. App. 1993).
The court said that the employer was fully aware of the claimant's need for medical treatment and still refused to provide it. Id.
A similar situation here would be if the employer-carrier were arguing that it did not receive the required actual notice of an injury within 30 days as required by statute. Miss. Code Ann. 71-3-35(1) (Rev. 1995). the claimant's language problems could well explain and excuse that failure.