06-01-2010, 01:55 PM
(This post was last modified: 06-01-2010, 02:05 PM by 1171.)
Kobraky Wrote:Surprise Surprise....the IME was a total nightmare just as i expected with the 15 minute fly by night doctor exam and coming to the conclusion that my herniated disc occurred after my injury at work somehow even tho i have been off work and not doing any physical activities since the injury , Now i get to fight with workmans comp and pay a lawyer just to get them to do the right thing, So to everyone that holds these workman comp doctors in any regard have fun getting the least amount of quality for medical care possible.
The way workmans comp operates is a disgrace to mankind, I understand alot of people probably try to rip off workmans comp but when you have 3 doctors saying one thing then 1 doctor that gave you a 15 minute evaluation says something different that works out well for the insurance company it really is sickening , a real doctor would not work solely off of workman comp cases trying to screw over people that have done nothing wrong except have an accident at work that caused an injury....
the length of the examination or the number of opinions doesn't guarentee the correctness of the opinion.
it's not a contest to see how many doctors either side can get or how many pages the report is.
the system can be gamed by either side-it's not easy to tell which is worse.
courts have to look at the findings, supporting documentation, and soundness of the conclusions in order to determine which is the more persuasive opinion.
and even then.....?
it's a negotiation/settlement game played by the legal system-- not a medical/diagnostic accuracy problem.
workers are often frustrated and confused when the rules are changed --litigation is about $$ not justice.
[size=medium][font=Comic Sans MS][i]please include the state where the claim was filed.[/i][/font][/size]
He is trying to say that even tho the mri that was done a little under a month after the injury date something else must have happened because the major herniation is at the bottom of my thoracic spine, which is the middle of my back and when the injury happened the complaint was my lower back hurt.....i consider t10 to be in the lower back evne tho its listed as part of the middle of your spine heh its a pretty flimsy way to go about it just their way i think to make me spend money on a lawyer just so i can get the medical treatment i need for it....its really a shame i think.....
They also said because i have never had an mri or xray done on my back before the injury that I cannot prove the injury was not already there......
I for one am not going to go out and have high radiation mri shot through my body just cause i am curious....so stupid....its just something i hear from everyone that goes through this is that this is their way of messing with you...
Well any Work Comp Attorney doesn't cost you anything up front, as they get paid when the case is settled.
Next, you don't need to prove you were injured, as you shown a claim to an injury taken place, at such and such time. If you have not been seen in the past (before) the injury for lower back pain, then there isn't anything to prove.
All an IME is a given medical opinion, nothing more. An IME isn't your doctor, nor are you their patient. You stated you have sound medical proof from other doctor's, and that will be what the system looks at.
Since the IME have you heard anything from the Insurance Carrier?
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
Yea , The ins comp sent me a letter of dispute saying that the herniated disc is not the injury they are required to cover....pretty amazing to be honest that they are trying to push for such a ridiculous claim....
From what I've Read Here I would suggest a Good w/c Attorney, and Hunker Down for a Battle at the Hearings level. I have been Totally Disabled since after a Failed Lower back Surgery in '05, and I'm Still Fighting in Pa. My Case is much More Complicated as Yours so Yours May not Last as Long, but get Ahead of the Game and get an Attorney Involved. You can Bet They are! Best of Luck!
I Wish Everyone in the World would Take just One Minute to Take a Deep Breath and Look at the Wonders around Them. Too Much Time caught Up in the Moment can Cause Us to Miss soo Much that is Good, and given Us Daily! We are just too Busy to See!
I know this is an old thread, but your case is very similar to mine and I would love to know how it turned out for you. Plus, i also live in Michigan.