03-07-2009, 12:35 PM
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03-08-2009, 12:57 PM
Hi Hurt Trucker, it's been a While!!
Listen I was a Mover for a National Chain, a Class A Driver, and Personally Lifted and Handled Heavy Items, and My Days, including Drive Time was Usually 16! You need to have a Set Down with Your Attorney Soon, and try and get an Answer why Your Husband only has a 5% Disability Rating, and what is Your Attorney going to do to Change that. After He has His IME, (I've had 2) Your Husband is going to be Very Disgusted and Upset, Usually these type of Test don't go Well when the i/c is Paying, so be Sure to Prepare Him for that. Make it Clear to Him that He keep His Temper, it was Hard for Me, and Ask if You can be in the Room while He is being Tested and His File Reviewed. If You are Allowed, get Yourself a New Small Notebook and Write down the Time You arrive at the Office, how Long You were in the Waiting Room, how Long in the Exam room, and how Long with the Dr. You also have to make Sure and Document any and All Tests Performed on Your Husband, and whatever You can about the Questions Asked, and any Remarks the Dr. May Say. If You are not Allowed in the Exam Room, (Call Ahead of Time and Ask), Contact Your Attorney and See if By Law You are Allowed In. I'm not Up on Your State Laws, but Usually if the Patient Asks for Someone to be with them, they are Allowed. If it is Clear that You can't go In, Your Husband is going to have to do what I've Posted above for You to do. I did My Own, because I had to be Driven 1 1/2 Hours One Way for My Last IME and My Wife Couldn't be there. My Attorney told Me I got Enough Info. to Tear Him Apart if He has to Depose this Dr. Later, and that's the Goal. You should then Discuss with Your Attorney about Getting Your Husband another IME by a Dr. of You and Your Attorney's Choosing, and if they Differ Greatly, which they Probably will, Your Attorney should then File a Petition with the w/c Courts for a Petition to Review Medical Evidence! At that Point, both Dr.'s May have to be Deposed by Both Attorney's, (that's where the Notes come into Play) and then the w/c Judge will Decide on which DR. they Find More Credible. This sounds like a Lot, but it's what needs to be done to Protect the Rights of Your Husband. With His Severe Depression, You should have no Problem being Allowed in the Exam Room, tell Them You want to be there to Answer any Questions Your Husband May have Forgotten. I can keep going, but this is the First Step, You May want to Print this and show it to Your Attorney, to Double Check what can be done within the Scope of Your States Laws. This is Exactly what I did, and 2 1/2 Years and 12 Hearings Later, (Many Items were Reviewed), My Dr. and Myself were Found More Credible Based on My Medical Evidence, and My Dr.'s Deposition, along with My Testimony!! Please Let Me know if I can Help any Further, and Please PM Me if Needed!
Listen I was a Mover for a National Chain, a Class A Driver, and Personally Lifted and Handled Heavy Items, and My Days, including Drive Time was Usually 16! You need to have a Set Down with Your Attorney Soon, and try and get an Answer why Your Husband only has a 5% Disability Rating, and what is Your Attorney going to do to Change that. After He has His IME, (I've had 2) Your Husband is going to be Very Disgusted and Upset, Usually these type of Test don't go Well when the i/c is Paying, so be Sure to Prepare Him for that. Make it Clear to Him that He keep His Temper, it was Hard for Me, and Ask if You can be in the Room while He is being Tested and His File Reviewed. If You are Allowed, get Yourself a New Small Notebook and Write down the Time You arrive at the Office, how Long You were in the Waiting Room, how Long in the Exam room, and how Long with the Dr. You also have to make Sure and Document any and All Tests Performed on Your Husband, and whatever You can about the Questions Asked, and any Remarks the Dr. May Say. If You are not Allowed in the Exam Room, (Call Ahead of Time and Ask), Contact Your Attorney and See if By Law You are Allowed In. I'm not Up on Your State Laws, but Usually if the Patient Asks for Someone to be with them, they are Allowed. If it is Clear that You can't go In, Your Husband is going to have to do what I've Posted above for You to do. I did My Own, because I had to be Driven 1 1/2 Hours One Way for My Last IME and My Wife Couldn't be there. My Attorney told Me I got Enough Info. to Tear Him Apart if He has to Depose this Dr. Later, and that's the Goal. You should then Discuss with Your Attorney about Getting Your Husband another IME by a Dr. of You and Your Attorney's Choosing, and if they Differ Greatly, which they Probably will, Your Attorney should then File a Petition with the w/c Courts for a Petition to Review Medical Evidence! At that Point, both Dr.'s May have to be Deposed by Both Attorney's, (that's where the Notes come into Play) and then the w/c Judge will Decide on which DR. they Find More Credible. This sounds like a Lot, but it's what needs to be done to Protect the Rights of Your Husband. With His Severe Depression, You should have no Problem being Allowed in the Exam Room, tell Them You want to be there to Answer any Questions Your Husband May have Forgotten. I can keep going, but this is the First Step, You May want to Print this and show it to Your Attorney, to Double Check what can be done within the Scope of Your States Laws. This is Exactly what I did, and 2 1/2 Years and 12 Hearings Later, (Many Items were Reviewed), My Dr. and Myself were Found More Credible Based on My Medical Evidence, and My Dr.'s Deposition, along with My Testimony!! Please Let Me know if I can Help any Further, and Please PM Me if Needed!