Wife Hurt at work Iowa - Printable Version
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Wife Hurt at work Iowa - cnn7 - 08-28-2010 12:03 AM
My wife was hurt at work on July 27th. She is an RN and when a resident fell during dinner time my wife attempted to catch her. Though my wife is a 135lbs and this lady was close to 235/250 my wife kept her from hitting her head. But caused major pain to my wife's right hand wrist and fingers. also Across the shoulders on the back. Her work sent her to a doctor on the 30th. This doctor moved her hand around and pressed on it to find the pain, He gave her some restrictions for work. These were 20 minutes an hour use of the hand and a splint to wear on her hand. When she return to work her next schedule day the DON told the administrator, My wife could do her own job. So for the next 3 days she attempted to do it. But during her break she would call home in tears from the pain. On the 4th day she told the administrator she couldn't do the job and that she was going back to the doctor. And she called the doctor and set up another appointment . This was set for the 9th of August. Again he pressed on her hand, He set her up for Therapy. But for restrictions he told her to not use her right hand at all. Now her work assign a case worker Linda, she found a therapy and set up the appointments these where august 13th, 16th, 18th & 20th During this Linda called the doctor to have an MRI done on the 20th. On the 19th My wife was told the MRI was canceled and that they was changing doctors. That appointment was setup for August 26th. During this appointment the doctor pressed on her hand again though the thumb area wasn't as bad the two fingers still hurt. He took some xrays and told her he thought the pain was from a cervical fusion she had done back in 2005. And that the hardware was coming loose. He then told her he was taking her of workman's comp, and said she could keep her restrictions until she seen her family doctor. Well she setup another appointment with our doctor. And today she drove the 100 miles round trip to Iowa city to get the doctors report and the Xrays. We compared the Xray with the one we got back in 2005 and the bottom screw looks to have been bent downwards. Its still all the way in. But from what I can tell , it's as if she jerked her head down wards which makes since if the lady is falling and she tried to stop her. Guess what stinks is she went to work on the 27th of July with no problems other then almost being 50 and now she has pain.
Is there anything we can do to change this ? Seems so unfair.
RE: Wife Hurt at work Iowa - AQA - 08-28-2010 07:10 AM
I am unfamilure with your state laws. With that being said. I haven't heard of any state that does not allow an injured worker to change drs. atleast one time or get a second oppinion.
From what you have said. It is going to take a medical oppinion to dispute a medical oppinion.
Read " How are disputes handled ". That should get you headed in the right direction.
RE: Wife Hurt at work Iowa - Bad Boy Bad Boy - 08-28-2010 09:23 AM
Anytime a person has had an old injury and years later while at work, it is aggravated or re-injured it is a workcomp case.
Then you take and read what AQA gave you and dispute it.
You reading the Xray's isn't enough, a report on the 2005 ones and current ones has to be generated to dispute. But, the report tells the story, and a dispute may not be needed, time will tell now.
I had a plate, screws and fusion blown out at work also, it was covered as a work injury.
Next you need to know, we need your State. Much information now from here pertains to State Laws and Rules of Work Comp.
RE: Wife Hurt at work Iowa - AQA - 08-28-2010 10:30 AM
BBBB, in reference to your last sentence. Read the title of the post. I think you were in to much of a hurry.
RE: Wife Hurt at work Iowa - jayne - 08-28-2010 11:03 AM
Do believe you need a lawyer and Fast if she has blown her cervical fusion its gonna take another fusion and time to refuse.that takes money..interview several lawyers before choosing one.....was her last fusion a WC issue if so did she have a lawyer with it? if so and he was a good one get him as he would know her case.
RE: Wife Hurt at work Iowa - cnn7 - 08-28-2010 06:46 PM
To AQA, Her case worker did that. We had a doctor that was doing well. Had her in therapy and was working with her, Was on the way to getting a MRI done when her case worker changed her doctor. When she called on the MRI she was told the doctor cancelled it because he wasn't taking care of her anymore. The new doctor checked her hand took some Xrays and said it isn't work related ???? We can't figure it out. Was this doctor paid off by the company to say that so they can dump her on the street until she is better? I'm going to read your ( How Disputes are handled ) after I reply Thank You ;>)
To Bad Boy Bad Boy Live in Lowden, Iowa 52255 we only compared the Xray because we had them both and wanted to see if you could see the screws coming out and you can't. Only thing we think we noticed is the bottom screw is bent done a tiny bit. Hard to even tell. But when you compare the location of the bones it isn't a perfect match. The other two are. But that doctor didn't have any of the 2005 info. We have never seen him before. His words to my wife was. (( In my option this is not work related and it couldn't have happen from that incident.))
My wife did question him and he stood firm. The case worker was there. This was the first time she had went to any of them as if they knew this was going to be the out come. She even told my wife oh you'll still be able to work. We have stuff for you to do. So she went back to her job. On the way she called me at home and I told her she would be home soon. Bigger then poop. She gets to work and is told she can't work with restrictions because it isn't work related and sent home. She was told to keep them informed.
To Jayne No she never reported it so we had to take care of it our self. I work for a good company that provides great insurance and it covered it all. What has me upset is this did happen at her job with at least 10 people that witness the fall. Though there all old timers they seen it. We didn't have a lawyer back then. But again. My job provides us with limited legal services I don't want to wheel and deal and then get screwed where no one will help us.
Well I want to Thank everyone here. I'm going to read the Disputed section now. :>) feel free to add any info you might have.
RE: Wife Hurt at work Iowa - AQA - 08-28-2010 07:03 PM
Just out of curiousity. Why are you letting a NCM choose which dr. she goes to??????
I know when my NCM wanted me to see a dr of her choosing. I went for a second oppinion to that dr.. ONLY. I went back to my treating dr. for the surgery even though the NCM wanted me to have the dr. of her choosing do it.
RE: Wife Hurt at work Iowa - cnn7 - 08-28-2010 07:33 PM
Be honest we have no ideal what we are allowed to do. When they first sent her to there doctor he was great. It was the sudden change that cought the wife off guard. Right now I think we are going to request a 2nd oppinion. But will that help now is the question. can it really change anything ?
RE: Wife Hurt at work Iowa - Bad Boy Bad Boy - 08-28-2010 08:45 PM
Thanks AQA, I was thinking about 2 different threads at the same time, and that got on this post of mine by accident. No problem.
The employer provides medical care reasonably suited to treat the employee’s injury, and has the right to choose the medical care. If the employee is dissatisfied with the care offered, the employee should discuss the problem with the employer or insurance carrier. In certain situations the employee may wish to request alternate care. If the employer, or insurance carrier, does not allow alternate care, the employee (through appropriate proceedings) may apply to the workers' compensation commissioner for alternate medical care. (85.27)
The majority of disputes in workers’ compensation claims can be resolved by open communication between the employee, employer and insurance carrier. The employee should be able to learn the reasons for any action taken, as well as the nature of the evidence supporting the action.
If the dispute is not resolved, a contested-case proceeding may be initiated before the workers' compensation commissioner. Though not required, it is usually advisable to consider the need for legal representation when filing a contested-case proceeding.
Until an Attorney is contracted I encouraged you to contact a compliance administrator in the workers' compensation commissioner’s office to discuss other options.
RE: Wife Hurt at work Iowa - AQA - 08-28-2010 09:03 PM
Cnn7, in reference to your last question. As I said before, It will take a medical oppinion to dispute a medical oppinion.
Now, if you and your wife are content with her medical condition. Then don't do anything.
I do relize that what I just said may sound cold hearted, but that is the bottom line.
The only way the situation is going to change is if you become proactive.