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When will I get some treatment?
#1
Injured my back in September of 2013 in Kansas. After 12 weeks of treatment with medicines and physical therapy the Employer's doctor finally agreed to an MRI. During one of the last appointments prior to the MRI he was trying to convince me that my pain was the result of stress and depression. Said he "saw it all the time." I couldn't stand up after being on my feet for 10 minutes. The pain was unbearable. I could not work.

He told me that if the MRI showed a physical reason for the pain it would be easy because, then, they could fix it. But if the MRI was negative I needed to start thinking about psychiatric therapy and I might want to consider a different type of work. Warning bells went off in my head as I listened to him and that afternoon I started contacting attorneys. Found one that I liked and signed him up.

MRI showed DDD (I'm in my late fifties) along with an annular tear, disc bulge and disc herniation. My injury was a twisting lift of a 275 lb woman.

His progress report reads "Reviewed the results of her MRI in detail. She certainly has marked degenerative problems. I think this is responsible for most of her current symptoms even though she reminds me she was asymptomatic before her fall. (he doesn't even know how I got hurt) With the prevailing factor not being work-related, I recommend she follow up with her personal doctor as soon as possible to get some relief directed at these particular problems. For now, she will stay on the same restrictions and not plan to return here unless she is directed to do so by her employer.

The IC dropped me like a hot potato. Stopped my TTD payments. This was December of 2013.

I saw a physician on the advice of my attorney to get "evidence." Their attorney and my attorney finally agreed in April of 2014 that I would see a QME and we would accept his opinion as the final decision of "prevailing factor." It took their attorney a full 30 days to make the appointment for me. I finally saw the QME in July 2014 and he reported my injury was indeed work related.

Had a preliminary hearing August 19th and they agreed to start ttd payments from the date of the QME's examination forward but denied they owed me anything for the seven months I was off work proving to them prevailing factor. We also agreed on a treating physician. My question is how long am I going to have to wait until they make this appointment? I am in excruciating pain and I'm starving. How can this happen? Does all of this seem "normal?"

Sorry for the wordiness...
 
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#2
you should be able to make the appointment yourself. if the doctor has not been identified contact your atty.
delays are normal when cases are litigated.
you are able to use $500 for an unauthorized doctor.
http://www.dol.ks.gov/Files/PDF/kwc27-A.pdf
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.
 
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#3
Hmmm....I've left a couple of voice mails for him...he said "they" had to make the appointment. We already used the 500 gathering evidence.

 
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#4
it took you over 6 months to get your own second opinion so you can see things go very slowly once you decide to litigate. nothing moves quickly in the legal system.
I have no idea when the defense will get around to sending a memo on the results of the 8/19 hearing or when it will reach your adjuster or when they will be able to respond to it.
litigation involves a lot more people and steps and generally results in longer time frames to communicate and get things done. for legal purposes most things are formally documented in written correspondence which takes much longer to initiate. you're just in the early stages and aren't yet used to how labor intensive the legal system is.
be prepared as massive patience will be required if you are to avoid frustration.



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.
 
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#5
Sorry I don't know the laws in your state but I would sure want to know why they don't owe you the 7 months of TTD if you were off and they agree it is because of a work injury
 
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#6

When you wrote you are starving, do you need help with resources such as food bank informant?


I am not familiar with your states laws. I would keep pushing your attorney for help with making that appointment.

Since you have been out of work due to your injury for almost 12 months, I would consider applying for social security disability.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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