What happens when your doctor and IME doctor diagnosis differs?

[sparkey]

Well the IME doctor did what everyone here said he would do. Spend all but 10 mins. just asking me questions. He really upset me a few times, but makes me really wonder what the results will be. He did ask how old i was, what my job was, am i still working? Is it my dominant hand? He knows i gave up my career, and asked what my new one was. Sounded to me that he was going by the AMA guidelines. He never did tell me what he thought as far as if i need surgery etc. Is that normal for this visit?

I held my cool and of course cried all the way out to the parking lot. I really felt humiliated and so sick of doing those test for CTS. I am doing this on my own as i really do not need a lawyer to get involved at this point.

The doctor said he would write the lawyer a letter right away and that is all he said. Is this normal that he would not at least recommend surgery, MRI etc? He could clearly see that my hand was swollen and I saw him write " Molted" when he looked at my hand. I know i should not get all upset and jump to conclusions that this doctor might not do me any good, but it is so hard doing all this many many times , over and over again in pain alone.

Does anyone know how long the IME doctor has before he writes the letter to the lawyer for the IC? There is a set amount of days i thought i read somewhere. Does everyone always have to go before the court to make a determination of the settlement? I am still all confused as to when this will all be over. Is this the time i hear from the IC about a offer? Any info would really help.

I truely wish that someone would just fix me instead of the money. That would mean the world to me, as that is what truely upsets me the most. I have recurring carpal tunnel from what the doctors notes say and the EMG. Why on earth will NOONE help meeeeeeeeeee?

I see my primary care doc on the 10th and pm on the same day. I am going to request a MRI with contrast on the right side of my upper extremeity and if i have to pay for it myself , I WILL!!

[stiffnecked]

Most IME doctors will not tell you squat. They'll ask questions but they won't answer them. Sometimes you get an honest one other times you don't. If he makes any recommendations you won't know about them until you get a copy of the report.

Depending on what state you live in you very well may be entitled to a copy of the IME report.

If it comes back with something you don't agree with it'll be time to lawyer up.

[kitty]

Well, I'm thinking about applying for my old job back. I cannot afford this WC anymore. My doctor was going to put me on permanent restrictions for no more typing than 20 hours a week but I asked him to lift it. I need to be able to support myself. I am afraid though that my injury will return full force if I do. I'm sure I'm not going to get as much money now (from my case) since I had him lift the restriction, but I have to worry about my future. I still have a permanent restriction though of no torquing, twisting... So I am still considered permanently partially disabled, so who knows what figure they will come up with.

If my old job does decide to hire me back, what happens if my injury returns does anyone know?

[lfoster21]

Kitty-I would say what I believe your concience is trying to tell you...in 1 sentance you think to go back to work by lowering your restrictions and in another sentance you say " but I have to worry about my future". That question is what I would be asking myself with realistic expectations...honestly, what would you do if you got worse? Right now, you could get the Dr. to go back and re-establish your restrictions, which obviously he thought you needed or he would not have put them in place in the beginning. Once you go back to work, it will be a lot harder for you to get addnl. help from W/C.

Believe me, I understand your delima...it's one that many W/C patients have had to think about and it is what the i/c is hoping will happen.

If you go back to work and then your injury comes back, and perhaps worse than originally, you may have to fight even harder to get them to re-open your case and when they do, you may have to start over at day 1 again with getting help. Will you be able to afford that? You were right when you said that you need to also think about your future.

I have heard different stories of people who went back to work and then got worse. I have heard people here, that settled the medical part and kept it open, but when they actually needed it, the i/c made it almost impossible to get the help that they needed. I have also heard some say that in order to get future medical, they needed to have seen their Dr. every several months and at some point the i/c considered them healed, if they had not seen a Dr. in awhile. Then when they were re-injured, they said they needed to start over.

Please do not think I am making light of what you are now going through or saying that the decision is an easy one, but encouraging you to not make the decistion just to get out of something today, without thinking through all the possibilities, including your future.

[lfoster21]

kitty Wrote:

1171 Wrote:not really. I don't know what you don't understand.
you stated there are two options: an SLU or a higher rated classification.
the reason parties negotiate is to avoid the risk of loosing.
in this case avoid the comp court siding with the lower value SLU benefit.

How do I avoid the comp court siding with the lower value SLU benefit? I have a say in that???

Think of it like any other court case...each side believes their side is correct. You and possibly your lawyer may think you have good evidence to prove injury is a classification and the i/c and their lawyer believe just as much with their side. The only way to defiantely not have the judge rule with the i/c, is to try to come up with something in the middle by negotiating a deal. As for your lawyer, he/she may be thinking he would get less $, if the I/C wins. So, he may want to strike a deal and settle for something he is sure of. When I went to court for my SSDI, I was told by my lawyer, to get to the court house 1/2 hr. early to talk with him. When I got there, he and the judge and the vocational lawyer had already hashed it all out.

1171-I hope I did not step on your toes...I was trying to explain what I think you were saying. I hope I got it right...please feel free to correct me if I said anything wrong.

[1171]

not a problem foster. hope you clarified it better then I.
I was struggling to understand the confusion.

[kitty]

lfoster21 Wrote:Kitty-I would say what I believe your concience is trying to tell you...in 1 sentance you think to go back to work by lowering your restrictions and in another sentance you say " but I have to worry about my future". That question is what I would be asking myself with realistic expectations...honestly, what would you do if you got worse? Right now, you could get the Dr. to go back and re-establish your restrictions, which obviously he thought you needed or he would not have put them in place in the beginning. Once you go back to work, it will be a lot harder for you to get addnl. help from W/C.

Believe me, I understand your delima...it's one that many W/C patients have had to think about and it is what the i/c is hoping will happen.

If you go back to work and then your injury comes back, and perhaps worse than originally, you may have to fight even harder to get them to re-open your case and when they do, you may have to start over at day 1 again with getting help. Will you be able to afford that? You were right when you said that you need to also think about your future.

I have heard different stories of people who went back to work and then got worse. I have heard people here, that settled the medical part and kept it open, but when they actually needed it, the i/c made it almost impossible to get the help that they needed. I have also heard some say that in order to get future medical, they needed to have seen their Dr. every several months and at some point the i/c considered them healed, if they had not seen a Dr. in awhile. Then when they were re-injured, they said they needed to start over.

Please do not think I am making light of what you are now going through or saying that the decision is an easy one, but encouraging you to not make the decistion just to get out of something today, without thinking through all the possibilities, including your future.

I understand what you are saying but if I am only able to type 20 hours a week then I won't be able to get a full time job to support myself. I'm only 39, what else will I do? I left a message for my lawyer today and he hasn't called me back yet. I'm going to ask him what he thinks, but I should contact my doctor also. He told me that if he kept me on the 20 hour a week typing restriction it would be permanent... forever, so I freaked out. Comp is not going to make up for all the money I will lose by not being able to work.

[lfoster21]

I am in the same spot. I was told by the P/T that did my FCE, that se thought with P/T, she thought that some day I would be able to work my way up a 20 hr. sedentary job. You are right, it is a shock!

Is your Dr. saying you will only be able to work 20 hrs. doing anything or just for the typing itself? I have heard 2 different things and they may help you. 1. The job that you do get, if the pay is less than what W/C is now paying you, they will have to pay the difference to you. Unfortunately, you will not get back to making what you once were. 2. If you can not become "gainfully employed", you are considered permanently disabled (this is a state law). If you are considered PD, then there is a compensation for that. I don't know how much or if it is a monthly thing or a 1 time lump sum thing.

Also, the i/c will sign you up with a vocational rehab. person who will try to help you to find the types of jobs you might be able to do. Some states offer education, to learn a new trade. Even if the Dr. says you can only work 20 hrs., they will try to find you a way to earn the max. about in those few hrs. so that they can pay less. (For me, they are talking about me beginning voc. rehab. now, so I know this happens prior to any type of settlement.)

Good luck and please keep us posted.