Workers' Compensation Discussion Forums
Judge's order is in - Printable Version

+- Workers' Compensation Discussion Forums (
+-- Forum: Category (
+--- Forum: Off Topic Area (
+--- Thread: Judge's order is in (/showthread.php?tid=6499)

Pages: 1 2 3

Judge's order is in - Bummer Knees - 01-23-2009

My injury was 2005, I've had 2 knee surgerys and 1 total knee replacement.

Treatment has been requested for carpal tunnel, back, and the right knee.

I received the judge's order in the mail today per this request.

Here is what it says:
Administrative Law Judge pursuant to KSA 44-516 appoints DR. XXX as a neutral physican to examine and evaluate Claimant's right knee, right upper extremity, and back. To make treatment recmmendation, if any. If no treatment is recommended, Dr. XXX is to offer rating and restrictions.

I do have a couple of questions about this order.

Have my injuries, carpal tunnel & back been accepted?

The right knee I previously had meniscus surgery (A wc injury)
since the replacement of the left knee I have started having problems with the right knee.

My other question is; the orthopedic surgeon doing the IME does not do backs or joint replacements. He refers patients needing these services to other surgeons. This information came from Dr. XXX office.

Two of my injuries are not his area of speciality.
Can I request another doctor?

Thank you
Bummer Knees

RE: Judge's order is in - hurt at work - 01-23-2009

bummer sounds like the judge wants more info on whats going on with you,to me he is looking at all possible issues at hand and then he will make his decision.with the wording you put in im not sure the (if any) is what i mean,hes not hes sending you to these drs to be looked at to answere his i hope it works out for you.just my thoughts from what i read.good luck.

RE: Judge's order is in - red1030 - 01-23-2009

Bummer I agree with does sound like the judge made an order to obtain more information from a physician. In terms of if you can ask for another physician, I think you should call your lawyer about this ASAP...good luck Red

RE: Judge's order is in - Tuffy - 01-23-2009

I would think if the Judge picked the Dr, it would be up to the Judge to change Dr's, But this is a good question for your Attorney. Good luck I also think the Judge wants more info before making a decision.

RE: Judge's order is in - jayne - 01-23-2009

Bummer the judge picked my Dr also.....because he is court appointed he DID NOT have to get any approvels from WC to run any tests he wanted to run.....and boy howdy did he run them top to bottom......he also went back to the judge and told the judge in his opinion that if I had been treated in a timely matter I would have been healed and back to work but because of the denial of reasonable care I was beyond fixing and was permantly disabled.....because of his findings the WC was fined for denying needed care and I was given a 77% whole body rating.....

RE: Judge's order is in - Bummer Knees - 01-23-2009

The IME doctor I went to in December said the back is related to the knee injury although no future treatment is needed.

This may be a reason for the wording.

RE: Judge's order is in - Bad Boy Bad Boy - 01-23-2009

The Court Apointed Dr. XXX to evaluate you medically.

Is this Dr. XXX the one you said did an IME on you?

Dr. XXX is to examine you. Make his medical opinion on the areas noted in the Court Order. If Dr. XXX writes you need treatment or surgery, then the Court will approve those as injuries also for treatment then. If Dr. XXX writes they feel no treatment for any injuries is needed, then Dr. XXX offers the rating and restrictions for your injuries. Then you can start settlement from there.

All in all, you have no approval for anything as of yet. Nothing has been added at this point. Till the court here's back from the Dr. XXX.

I don't think trying to change a doctor here is going to happen. Since it has already been ordered by the Court. I'd leave well enough alone at this point, and pray for the best possible outcome.

RE: Judge's order is in - Bummer Knees - 01-24-2009

Thank you Bad Boy

My doctor wants me to do a nerve conduction test ASAP.

Should I schedule this previous to the IME or will it make any difference.

In answer to your question, this is a doctor I have never seen before.

The insurance company has scheduled me for an IME on the carpal tunnel, and that the doctor you have spoken of.

RE: Judge's order is in - AQA - 01-24-2009

BK, I would want the NCV done prior to seeing the DR.. Rationial for this is, the report will be in your medical records and that is what the IME is going to read before seeing you.

RE: Judge's order is in - Bummer Knees - 01-24-2009

I agree with you and I will call around to get one scheduled.

First, I have to recovery from the surgery I had this week.
I am not allowed to do anything that will increase my heart rate at this time.