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My lawyers advice, is it correct?
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09-28-2011, 05:41 PM
Post: #1
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My lawyers advice, is it correct?
I've been questioning my attorney lately. I had previously posted I was released from work by the IME without seeing him and my lawyer advised me to try it (against my treating physician's restrictions). I went and couldn't do it. I do a lot of heavy lifting and now I'm in great pain again. My employer didn't do anything but tell me to call my attorney who then advised me to go see my doctor. Do I have to wait to get in to my own doc?
Also, I have to see the IME doc again and was not told they have to pay for your travel expenses. I had previously seen this Doc and never received anything. Do most attorneys let their clients know this info? I'm really frustrated at this point. |
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09-28-2011, 08:20 PM
Post: #2
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RE: My lawyers advice, is it correct?
You are in the same boat I was once in... When thier dr said you could go back to work your attorney should have advised you to take a copy of the report along with a slip from your employer of what your job duties were.. Your treating dr would have either aproved or not aproved, if not he would have wrote you a new set of restrictions saying you cant return. The only problem with that is wc may have stopped benifits, and your attorney would have to appeal....
AS far as them paying for your mileage, in my state of wi they do.. Maybe your attorney is keeping track, but you can always claim it and send it in for reimburstment..... |
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09-29-2011, 01:50 AM
Post: #3
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RE: My lawyers advice, is it correct?
you can go to an emergency room, if necessary.
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10-03-2011, 12:09 PM
(This post was last modified: 10-03-2011 03:07 PM by kate.)
Post: #4
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RE: My lawyers advice, is it correct?
In my state of MA, it doesn't matter what the IME says, only what your treating physician says. The IME will say anything that the insurer wants them to say. The only thing that matters from an unfavorable IME is that it gives the insurer the right to stop paying you.
You are in a Catch-22 because your employer believes the IME not your physician. Your doctor's job is aid you in getting better. The IME job is to make you return to work no matter what shape you are in. I would tell your employer that you are following your doctor's advice. In our state, the judge can send you to THEIR choice of Impartial Physician and this usually benefits the injured worker. **website link removed by moderator** |
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10-03-2011, 12:09 PM
(This post was last modified: 10-03-2011 12:13 PM by gba2011.)
Post: #5
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RE: My lawyers advice, is it correct?
In my state of MA, it doesn't matter what the IME says, only what your treating physician says. The IME will say anything that the insurer wants them to say. The only thing that matters from an unfavorable IME is that it gives the insurer the right to stop paying you.
You are in a Catch-22 because your employer believes the IME not your physician. Your doctor's job is to aid you in getting better. The IME job is to make you return to work no matter what shape you are in. I would tell your employer that you are following your doctor's advice. In our state, the judge can send you to THEIR choice of Impartial Physician and this usually benefits the injured worker. |
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