Do I Have Choice?

[st. clare]

California: While I am waiting for the AME decision to decide whether or not my claim will be accepted My Dr has decided to start physical therapy again and to try Shockwave treatments. Problem is the Shockwave treatment can only be performed at a clinic that is an hour away from me. The reason I am told is because they want to do it on the spine and even though closer facilities perform shockwave therapy they do not perform it on the spine. So I drove to my first shockwave session an hour one way waited 15-20 minutes in the waiting room then went in It took all of about 5-7 minutes. Yes 5-7 minutes. I had to drive an hour which wreaks havoc on my back pain for a 5 minute treatment? I will have a total of 3 sessions to my spine and 3 sessions to my hip, so that means I have to do this commute 6 times. Not being reimbursed for mileage currently is also making it difficult to pay for gas to go to these appointments. So after this long drawn out speech, do I have a recourse in this situation ? Instead of helping me it is causing more financial strain and does not help my back pain either.

[1171]

you are not required to accept treatment you disagree with. physicians can only offer medical advice; it's your choice to accept.

[inpainokla]

yeah 1171 but wouldnt effect her claim as far as non compliance and make it even harder to get it accepted..i would say just do the treatment and when your claim is accepted get reimbursed for the drive..i just wouldnt do anything to ruffle there feathers while there investigating your claim would look better for you jmo

[st. clare]

Thank you for replying 1171 and inpainokla. I don't necessarily disagree with the treatment that my Dr has ordered. I am willing to try it as I am so tired of the pain, and not being able to work and having to fight tooth and nail to get my claim accepted. I do not want to jeopardize my claim either, but the problem is driving 2 hrs or more round trip, depending on California traffic for a 5-10 minute treatment and the fact that I do not currently have the finances to pay for gas to get to the appointments.

[1171]

is the work comp carrier paying for your treatment? who is?
have you thought about waiting until a decision is made?

are there other alternatives? have you proposed them to your doctor? what was their response?

in okla:
no, her treatment decision would make no difference in the AME's opinion.

[Lilly]

I would call the doctor that ordered the treatments, and explain to him/her your problems with traveling that distance. Possibly they could change the course of action for you.

I also would not rock the boat when it comes to WC

Good luck, Lilly

[st. clare]

1171 Wrote:is the work comp carrier paying for your treatment? who is?
have you thought about waiting until a decision is made?

are there other alternatives? have you proposed them to your doctor? what was their response?

in okla:
no, her treatment decision would make no difference in the AME's opinion.

Currently all treatments ordered by my physician are on a lien basis. It has been nearly a year since my injury Treatments were only medication and 6 Physical therapy sessions approved by WC in the first 90 days until they decided to deny claim. Then I retained an attorney who found me a physician to take my case after that it was still only medication, a TENS unit and a few chiropractor visits, then 8 months after injury a Pain Mgt Dr referral so in the 9 month after injury a couple of epidural injections were given, now this month Physical Therapy again and the Shockwave treatments. Long gaps between treatments. The Dr is aware that I had the AME as he asked me about it at my last visit at which he ordered the current PT and Shockwave. I think that it would make sense to wait for the AME decision, but the Dr probably thinks that enough time has been wasted already, plus again I do not want to jeopardize my claim and making it look like I don't want to cooperate. I do it is just the commute and the cost of gas. If I were being reimbursed it would be a whole other story. I would still not like the commute but at least the mileage would be reimbursed. So it is like a catch 22.

[st. clare]

Lilly Wrote:I would call the doctor that ordered the treatments, and explain to him/her your problems with traveling that distance. Possibly they could change the course of action for you.

I also would not rock the boat when it comes to WC

Good luck, Lilly

Thanks Lilly,
I did speak with the Dr' office and explained the travel situation and I was told they they tried to find a clinic closer to my home that provided the shockwave therapy to the spine and they could not. They said my Dr really wants me to have this therapy. Again other clinics closer do provide shockwave therapy as a matter of fact where I go now to Physical Therapy provide it but not to the spine. It could also be that other clinics would not do it on a lien basis. I don't know for sure.

[1171]

you can't jeopardize the claim as they've already rejected it.
you'll win or lose based on the AME opinion not when you get treatment under lein.
it's still your choice to go or not.
when you are not paying for treatment yourself you often can't be too particular about how convenient it is.
comp law is tough; each side has their rights and there are few shortcuts.

[Bad Boy Bad Boy]

Well, if you want the treatment you'll go. As you do know your not getting paid from the work comp insurance or the employer, so you have to just figure out a way to go for now. Hopefully your attorney can figure out a way for you.