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Workers Compensation Neglect
12-21-2011, 08:00 AM (This post was last modified: 12-21-2011 08:51 AM by jfmotoman1.)
Post: #1
Workers Compensation Neglect
Has anyone ever heard of a workers comp insurance company that was sued for medical neglect in Florida? I am a over the road truck driver and I have been off work for 6 mth's now due to a lightning strike accident that has effected my heart and as of Oct 2011 the workers comp company cut of my workers comp check. They are denying me medical procedures that my cardiologist is requesting due to they received a report from a Neurologist that they sent me to saying they wanted to make sure nothing was wrong with my brain from the accident, and he put on his report after finding nothing wrong with my head able to return to work no restrictions. He isn't even my primary doctor with this accident my heart is what my initial complaint is since the day of the accident, due to his report they cut my benefit check off but yet they are still letting me see the cardiologist when ever they feel like it not when he request, he is my primary doctor with this accident and he has requested several procedures that need to be done only to have them denied he has me on no driving restrictions to include my personal vehicle. They have actually let me get to the doctors appointment and be setting in his office waiting and call up and cancel the appointment. I just got out of the hospital Sunday evening this is the 3rd stay in the hospital since June 2011, the cardiologist has requested numerous times for a heart catherization to help diagnose my condition and to determine what route we need to take to determine medical treatment. But workers comp says the neurologist says I am 100% able to go back to work. The cardiologist told my wife and I this last hospital stay that my condition is getting worse not better and this could kill me. I want to see about bringing a law suit against the workers comp company for denial of medical care, this is wrong they play with peoples lives like they do, they are actually hoping they can out last me, only problem is they will still be here I won't. I have an attorney but they tell me all they can do is submit petitions. Any suggestions will be appreciated.
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12-21-2011, 11:44 AM
Post: #2
RE: Workers Compensation Neglect
I dont know about Fla. Kate will be able to tell you about that.But my employer was self insured and denied me timely medical.The Doctor the court sent me to testified if I would have been taken care of sooner I in all likelyhood would have been back to work but because I was denied timely medical I was now permantly disabled....they were fined a goodly amount of money,but I would give it back in a heartbeat for my health I can tell you it wasnt near enough for what I go thru daily.

........I love cats, I just cant eat a whole one by myself......
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12-21-2011, 12:19 PM (This post was last modified: 12-21-2011 05:16 PM by 1171.)
Post: #3
RE: Workers Compensation Neglect
check on the internet and legal websites for bad faith law suits.
they are very rare.
the recovery from a civil lawsuit is based on the quantifiable damage you suffered. it can be difficult to establish a high enough amount to make pursuing the case worthwhile especially when there is conflicting medical opinion. difficult to prove they are harming you when they are following medical opinion even if you don't agree.
the key is finding an atty who will have the time and money to pursue it.
there may be a claim for intentional tort. You need to contact a civil atty to file such a suit in circuit court rather then a work comp atty.
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12-21-2011, 03:54 PM
Post: #4
RE: Workers Compensation Neglect
Florida has a very well known case called Aguilera v. Inservices, Inc., 905 So. 2d 84, that addresses bad faith. http://www.floridasupremecourt.org/decis...03-368.pdf

If your cardiologist is stating that a delay could kill you, I believe your attorney can file for an emergency medical hearing. At least they used to be able to.
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12-21-2011, 06:23 PM
Post: #5
RE: Workers Compensation Neglect
(12-21-2011 03:54 PM)kate Wrote:  Florida has a very well known case called Aguilera v. Inservices, Inc., 905 So. 2d 84, that addresses bad faith. http://www.floridasupremecourt.org/decis...03-368.pdf

I am always pleased when a layman (or layperson) can Sheppardize a legal precedent.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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12-22-2011, 02:18 PM
Post: #6
RE: Workers Compensation Neglect
(12-21-2011 06:23 PM)LeglEgl Wrote:  
(12-21-2011 03:54 PM)kate Wrote:  Florida has a very well known case called Aguilera v. Inservices, Inc., 905 So. 2d 84, that addresses bad faith. http://www.floridasupremecourt.org/decis...03-368.pdf

I am always pleased when a layman (or layperson) can Sheppardize a legal precedent.

Having been a Florida adjuster and claims trainer when this case came out, our defense attorneys continually reminded us about it and the claimant bar always threatened us with it. I actually met the NCM mentioned in this case briefly years prior and was completely astounded that she acted in that manner.
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12-26-2011, 04:17 PM
Post: #7
RE: Workers Compensation Neglect
I did wonder about this myself. About going after w/c for timely medical intervention. I had a long delay before they finally accepted that my Tarlovs was caused by the accident and not congenital, and the neurosurgeon who did the surgery told me that the delay could have caused permanent damage that I might never recover from. We just won't know yet, its still too early. But also their intervention by sending me to physical therapy too early, and then on to a pain clinc and intensive physical and occupational therapy, that caused further complications. All contraindicated at this time. No matter how much I told them that I was very wary about going and expressed my concerns. Everyone just said I had to go and I could explain and teach about Tarlovs when I got there. It made not difference and now I am stuck here without any home help, which I had before, and totally isolated, terribly depressed, very ill and in horrible pain. The neruosurgeon said again. Let the nerves rest. But they don't seem to understand the concept. I know I am my greatest advocate. But I am tired of doing all the work and having to see doctor after doctor try to pin it all on my "mental stability". I was perfectly mentally stable before all of this. I happen to be allergic to most of the medicines that are prescribed me, and that has caused many problems as well. W/C are trying to say that I am becoming addicted. To what exactly I don't know, since I can't take anything like Vicodin etc for pain. I have really bad reactions. Even the pain clinic, where their main aim is to take you off of all narcotic meds said I was on almost nothing, and that tapering me off was not a problem, since I had no signs of addiction. Unfortunately I have to beg now for the pain killers I had before.

I now have to jump through tox hoops and urine tests for "controlled substances." Like where am I going to get those!!!!!


But the workers comp people have made so many mistakes with my treatment over the last year that they have certainly compromised my recovery.
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12-26-2011, 04:29 PM
Post: #8
RE: Workers Compensation Neglect
Bag anyone who spends more than a year on WC with a major injury and isnt an addict is very lucky..I am another one who has major allergies to alot of medications so I am a trial to WC and their normal pain med routes.Thank God for my PCP and old tried and true drugs And thank God for Bills time in the Air force and his champus insurance.

........I love cats, I just cant eat a whole one by myself......
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12-30-2011, 10:58 AM
Post: #9
RE: Workers Compensation Neglect
I'm new here but I just wanted to state that there is a big difference between addicted and dependent. Most injured folks who take pain meds. for long periods of time are probably very well dependent on their meds., addiction is a term used for abusers of narcotics. It may not seem like too much of a difference, but to someone like me who battles mental disorders ad ptsd it makes a big difference as to how I am labled when it comes to meds. Just wanted to clarify that Jayne, sorry if I stepped out of line.,
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12-30-2011, 02:24 PM
Post: #10
RE: Workers Compensation Neglect
nope not out of line.....but when it comes to the Drs they say we are addicted I used to fight over the difference in words too.Now I dont give a damn as long as I get my meds on time so I dont go into withdrawels...because if I do the difference in words dont matter it still hurts like hell that doesnt change.I know there are some days if its warm and I dont push things I dont need much in the way of meds...but let it be a cold wet windy day and I dont have enough meds to keep me comfortable its a ER day...is it an addiction well hell ya it is caused by a need to not feel like some one is taking my back and trying to twist it into a knot with a blowtorch.....call it what they want to just make it where I can make it to tomorrow please

........I love cats, I just cant eat a whole one by myself......
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