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This is a long story.... I am from Texas
My husband was injured at work 3-27-09. He works in the oil field and was advised that he could not return to work until he was back to normal. No light duty available. Well after 6 months injured and completing physical therapy and medications with no help. He was sent for an MRI. 6-11-09 we get the results back.

2 Herniated disc's in Cervial spine and Spinal Stenosis in Thoracic Spine. Coinsidently the very next day he had an appointment with a "Designated Doctor" to establish an impairment rating. the doctor was the first to review these results with us. He determined that he would not be back to MMI until atleast 12-12-09. Advising us that it may never happen.

The treating Physician refers my husband to a Pain Management Dr for Steroid injections. After 6 weeks and 2 doctors being canceled by insurance company because of "not being In Network".
One appointment was canceled the day before due to again not in Network. After confirming that Insurance company did not have ANY doctors approved to do the Epidural Steroid Injections they authorized a 3rd Doctor for 3 appointments. My Husband went for inital visit with Pain Mgmt Dr, 7-24-09 and established that he would be receiving 3x Epidural Steroid Injections, 2 weeks apart.

We receive a letter on 7-25-09, we receive a letter from employer stating that Modified Job was available. Letter dated 7-23-09, mailed 7-24-09 and Certified card was signed 7-25-09(Sat.)
My husband called office 7-27-09 and said that he was interested but had concerns about his restrictions and upcoming Dr. appointments. He was advised by the Safety Dept as well HR that all restrictions would be accepted and Dr. appointments handled. But that the HR dept and the Safety Dept were not available until that Friday 7-31-09 to discuss offer. Fine, so we wait. Friday no meeting. Monday nothing(He has been speaking to both departments atleast every other day).

By 2 weeks later on 8-7-09 he finally gets in contact with his Safety coordinator, who advised that TIB's were canceled because my husband did not accept and begin work within the 2 week time frame. They thought he quit. But, if he came in the safety director would contact his Adjuster first thing Monday morning to correct the problem. Meeting was scheduled for 5, by 6:04pm Safety Director finally showed. My husband explained that he was getting his 1st set of Steroid Injections on 8-10-09. Employer stated to come in on 8-11-09.

8-10-09, Pain Mgmt Dr gives my husband a Dural Puncture, causing a Severe Headache and Nausea, and has to go back into office on 8-11-09 to correct. Employer advised to come to work on Thursday 8-13-09, after release from Pain Mgmt Dr.

NOW... 8-12-09 my husband was admitted into the hospital for Spinal Meningitis. A RARE but serious complication of the Epidural Steroid Injections. After spending 7 days in the hospital and seeing 10 doctors as well having a nurse, literally, outside the door 24 hours a day. He was informed by the Infectious Disease Doctor that he contracted the Spinal (Bacterial) Meningitis Because of the Epidural Steroid Injections. the Pain Mgmt Dr should have taken precautions to make sure that he enviornment was a sterile one. He actually injected his Spinal Cord with his own blood and the bacteria during one of the 2 procedures, and 4 needles in 24 hours.

Now today 8-19-09 he is at home with a PICC line for the next 3 to 6 weeks with intravenious Antibiotics and several other Doctors seeing him for Urology (for inability to relieve bladder fully, another complication of injections), Neurology(to confirm with another MRI that no permanent damage to Spinal cord), and of course Infectious Disease(for treatment).

I tried several times each day to contact his Insurance Adjuster to let her know what was going on from the 8-12 until yesterday 8-18. To find out that she has turned his claim over to an "Indemnity Adjuster"
on 8-18-09. No one from the insurance company has ever called us back and will not take our calls.

My husband was supposed to be sent home with a Home Health Nurse, but was rejected by Insurance Company for not being Necessary, so I am having to administer Intravenious Antibiotics every 12 hours.

In addition, Employer wants to know how this is a part of the Worker's Compensation claim. They even want him to get a release to come back to work in the Mechanics Shop (YUCK, all those germs and stuff) with this PICC line inserted. (incase you did not know, ANYTHING could contaminate the PICC line, its an IV placed in the main artery that goes straight to your Heart.)

I have no clue what to do here I am desparate for assistance. Any guidance would be great, not only is by husband hurt. They are screwing with his pay and now the doctors that they are sending him to are putting him in the hospital for severe and possibly Deadly complications....


Thank you for taking the time to read this, I am so confused I do not know where to turn
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You definitely need a lawyer if you don't already have one.
I am also in TX. My first question for you .. did your husbands treating Dr for his WC injury release him to go back to work after his initial injury and treatment ?? If he did not, the IC (insurance company) can NOT stop his TIBs. Did his employer contact the IC after he came in and taked to them like they said they would??

As for how all of the complications arose after the ESI, it's easy to follow the stream of the injury and see that they have all arisen from the original injury, and therefore, should all be paid for by the IC.

If you do not have an attorney at this point, I highly recommend that you start looking for one. Make sure that they are a certified attorney for WC. Interview several before you make a decision. Once the employer and IC start playing games, unless you have an attorney, it is hard to come out on the winning end.

Unless and until your husband is releases back to work, his employer can not force him to accept any position. If/when he does return, make sure that he follows any and all restrictions that the treating Dr places on him. Have him give a copy to his employer, as well as carry one with him to show them if they try to make him do anything that is outside of those restrictions.

I am sorry that you are having to go through all of this. It's bad enough that he was hurt on the job.. now they are trying to make him miserable by playing with his income and his health.

I'm sorry that I'm not much help legal wise. I am in the final stages of my WC case here.. collecting what is left of my IIBs.. and fighting to get the remainder of my travel pay. I had to go to a Dr in the DFW area to be treated and it was over 120 miles each way. As well as for all testing as no one in my local area would touch me after my claim was denied. My claim wasn't accepted till after I was declared MMI in April. No TIBs while I was out of work.. but luckily I had short term as well as long term disability insurance through my previous employer which has kept me going since August of last year. My injury occurred in February of '08, butI continued working till it got so bad that my Dr took me off work. Not long after, the employer I worked for closed their doors and put over 300 people out of work.

If you have any more questions that I might answer for you, feel free to either pm me, or write me off forum. You can find my email addy under my profile.

Angel ^j^
Run, don't walk to a really good Certified WC lawyer!

If you do not promptly get an attorney, they will continue to jerk you and your husband around, and delay his much needed medical issues! After you do hire an attorney, you no longer have to deal with calling his employer, the IC, or WC (a great relief) your lawyer will take care of thatSmile You most likely don't have to pay a lawyer up-front either....they get paid through the amount of $$$ they obtain for you from wc. (Like 20% percent of a settlement)

You want to be on equal playing ground with WC and IC...who have plenty of lawyers and will use them against you....so equal the field by obtaining your own legal assistance!!

Good Luck, Lilly
UndercovrAngel Wrote:I am also in TX. My first question for you .. did your husbands treating Dr for his WC injury release him to go back to work after his initial injury and treatment ?? If he did not, the IC (insurance company) can NOT stop his TIBs. Did his employer contact the IC after he came in and taked to them like they said they would??

As for how all of the complications arose after the ESI, it's easy to follow the stream of the injury and see that they have all arisen from the original injury, and therefore, should all be paid for by the IC.

If you do not have an attorney at this point, I highly recommend that you start looking for one. Make sure that they are a certified attorney for WC. Interview several before you make a decision. Once the employer and IC start playing games, unless you have an attorney, it is hard to come out on the winning end.

Unless and until your husband is releases back to work, his employer can not force him to accept any position. If/when he does return, make sure that he follows any and all restrictions that the treating Dr places on him. Have him give a copy to his employer, as well as carry one with him to show them if they try to make him do anything that is outside of those restrictions.

I am sorry that you are having to go through all of this. It's bad enough that he was hurt on the job.. now they are trying to make him miserable by playing with his income and his health.

I'm sorry that I'm not much help legal wise. I am in the final stages of my WC case here.. collecting what is left of my IIBs.. and fighting to get the remainder of my travel pay. I had to go to a Dr in the DFW area to be treated and it was over 120 miles each way. As well as for all testing as no one in my local area would touch me after my claim was denied. My claim wasn't accepted till after I was declared MMI in April. No TIBs while I was out of work.. but luckily I had short term as well as long term disability insurance through my previous employer which has kept me going since August of last year. My injury occurred in February of '08, butI continued working till it got so bad that my Dr took me off work. Not long after, the employer I worked for closed their doors and put over 300 people out of work.

If you have any more questions that I might answer for you, feel free to either pm me, or write me off forum. You can find my email addy under my profile.

Angel ^j^


Yes, the doctor completed a Restricted Duty Certificate. Blah, blah, blah. He had no problems with going back to work. The problem was they sent him the certified letter 7-25, and when he called them on Monday th 26th and just about every day after that. The HR department and the Safety Coord. could never find the time to sit down and go over the new job details with him. (I think they were trying to work the clock, since you only have 2 weeks to respond.)
Then, they also told the IC that they had a copy of HIS signature on a letter accepting the modified job on July 20th.(They said it was certified mailed on 7-20, and he accepted the same day). Then never came to work, basically, He quit.

THERE was never a letter on the 20th, infact when we asked for a copy of the letter from the IC they Quickly changed topic of the conversation and said that no matter what day it was, if he got a letter whether he accepted the job or not... They no longer had to pay the TIB's until they got a copy of his check to determine what they still owed him.
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