Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
1171 et al HELP!
#1
Exclamation 
BTW - We live in Tennessee
My husband was injured on the job last October. Details in my previous post so won't go into everything. Bottom line is, his cervical spine was injured and his lumbar spine. We everything was said and done his treated physician just rated him on his neck and the work he had done on it for this injury. (He had a previous cervical spine fusion in 2006 not WC but should have been. He had no problems with it or any problems with continued pain or range of most) This injury damaged the previous plate that was in his neck and they had to remove it. The current herniation was above his previous one. He now is fused from C3-C7. He didn't rate his lower back because he didn't surgically treat him (just physical therapy) He did recommend surgery however.

Anyway, his impairment rating on his injury from his treating physician is 17% body as a whole. Now the WC Insurance attorney want him to go to one of their doctors for an IME. They also sent us interrogatories to fill out. He had had a previous lumbar spine surgery but it was over 20 years ago and they just did an orthoscopic cleaning out. No fusion or anything.

We were going to go ahead and settle his lower back as doubtful and disputed since he has had back problems over the years even though the injury did aggravate it and not worry about having it rated. But since they are asking for pre injury records for both his lumbar and cervical spine and wanting him to go to their IME doctor for re-evaluation, we would want it included in the rating. I worked as a paralegal for workers comp for some years, years ago. I told them that if they were going to require my husband to go to "their" doctor which I know would rate him lower (because they work for the insurance company) then I want both injuries rated.

I was livid. My husband returned to work on 4/11/11. I had demanded his comp wage at his 17% x 1.5. My husband is not one to stay home from work and go on disability if he can help it and went back as soon as he was able. I am just wondering what your take on the situation would be.
(05-17-2011, 05:11 PM)Sammi67 Wrote: My husband was injured on the job last October. Details in my previous post so won't go into everything. Bottom line is, his cervical spine was injured and his lumbar spine. We everything was said and done his treated physician just rated him on his neck and the work he had done on it for this injury. (He had a previous cervical spine fusion in 2006 not WC but should have been. He had no problems with it or any problems with continued pain or range of most) This injury damaged the previous plate that was in his neck and they had to remove it. The current herniation was above his previous one. He now is fused from C3-C7. He didn't rate his lower back because he didn't surgically treat him (just physical therapy) He did recommend surgery however.

Anyway, his impairment rating on his injury from his treating physician is 17% body as a whole. Now the WC Insurance attorney want him to go to one of their doctors for an IME. They also sent us interrogatories to fill out. He had had a previous lumbar spine surgery but it was over 20 years ago and they just did an orthoscopic cleaning out. No fusion or anything.

We were going to go ahead and settle his lower back as doubtful and disputed since he has had back problems over the years even though the injury did aggravate it and not worry about having it rated. But since they are asking for pre injury records for both his lumbar and cervical spine and wanting him to go to their IME doctor for re-evaluation, we would want it included in the rating. I worked as a paralegal for workers comp for some years, years ago. I told them that if they were going to require my husband to go to "their" doctor which I know would rate him lower (because they work for the insurance company) then I want both injuries rated.

I was livid. My husband returned to work on 4/11/11. I had demanded his comp wage at his 17% x 1.5. My husband is not one to stay home from work and go on disability if he can help it and went back as soon as he was able. I am just wondering what your take on the situation would be.
 
Reply
#2
I would have his treating doctor do a supplemental report to include rating factors on the back.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#3
(05-17-2011, 06:52 PM)1171 Wrote: I would have his treating doctor do a supplemental report to include rating factors on the back.

We asked him to rate his back when we received his MMI Letter and realized he had not included it. He said that since he didn't perform the surgery he suggested on it (because my husband didn't want to go through another surgery so soon) he wouldn't be able to rate him. The treating physician is a neurosurgeon that normally does not take WC. He took my husband because a previous physician in his practice had done cervical work on him prior. This injury ripped the previous plate out of place, and he had hernations at the two levels above the plate. Thank God, the previous fusion held and they removed the damaged plate. He hated the whole process of dealing with WC cases, so he pretty much said, he didn't feel like he treated his back (even though he sent him to physical therapy for both his neck and lower back and referred to pain management).



 
Reply
  


Forum Jump:


Browsing: 1 Guest(s)