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Ohio: doctors errors on Medcos
#1
Hello.  My initial doctor I saw after my work-related injury refused to complete medco forms.  when completed they had inaccurate dates and boxes not checked.  This has proved costly in my case and lost payment of Temp Total.  Hearing officer denied my TT based of doctors errors. Do I have any rights?  What can I do if doctor refused to correct forms? He listed conditions on paperwork but didnt check box saying the were TT, however did state on 1st page unable to return to work (just failed to check box on page 2 stating which condition causing TT).  This is ridiculous.  Please help.  My cause has failed and been denied many times due to errors on doctors not filling out paperwork, not giving reasons to their believe why claims should be added to allowances, etc.  My attorney NOT helping!!
 
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#2
your atty can set the doctors deposition and have them answer questions under oath.
you can switch attys at any time; there will be a single fee share between them.
maybe the deposition will be enough evidence to win an appeal.
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
(08-26-2017, 09:07 PM)1171 Wrote: your atty can set the doctors deposition and have them answer questions under oath.
you can switch attys at any time; there will be a single fee share between them.
maybe the deposition will be enough evidence to win an appeal.

Unfortunately this is a 2nd attorney already.  Worse than the first.  I cant win.  :Sad 
I asked numerous questions before I hired attorneys.  They promised things and never followed through.  He has missed deadlines, failed to request info from doctors despite my numerous requests, etc.  I won the DHO and lost SHO.  Not even sure I can do anything now. I'm concerned the doctor will not answer appropriately to the depo and make matters even worse.  I'm just sick.  My case has turned very complicated due to failure to retrieve correct info from docs and doctors failure to document correctly in office notes.  I am at mercy of my doctors and lawyers and have no control despite true medical findings and surgery supporting injuries.
 
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#4
You can file a complaint with the state bar
https://www.ohiobar.org/ForPublic/AboutL...ge-84.aspx
You can also talk to other lawyers about suing your attys for malpractice.
You can also dismiss your atty and represent yourself.
You may have to walk away from the claim --- with the employer, carrier, hearing officer, your attys, and your docs against you. Just your word is not enough to get benefits.
Without convincing evidence its difficult to win in court.
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
I am not familiar with your states WC laws and do not know if the document for disability status falls under guidelines under medical records. You can try to research Ohio state law for requesting correction to medical records. Have you tried sending a letter to this doctor asking for an addendum to the paperwork? This is how to request a correction in writing, again this paperwork may not fall under this. Your attorney should know.

http://www.thedoctors.com/KnowledgeCente...cal-Record

http://codes.ohio.gov/orc/149.43v1

You may have tried already, but starting a paper trail on this issue with your attorney may lead to more action from him. Make requests for help in writing. Sometimes requesting an in person meeting with him may also be helpful.
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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#6
IC Commissioners' Panel - If a party disagrees with the SHO decision, the party can file an appeal within 14 days of the receipt of the order. These appeals go to the IC commissioners or a deputy of the IC. An appeal to this level does not automatically result in a hearing and the IC commissioners will determine whether to hear an appeal on a case-by-case basis.
If an appeal is heard, a hearing will be held within 45 days after the filing date of the appeal. An order will be issued no later than seven days after the hearing. If the commissioners decide not to hear an appeal, an order will be issued within 14 days of the appeal's filing date.

https://www.bwc.ohio.gov/basics//guidedt...info57.asp
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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#7
Medical records can be changed .. mine are full of errors too .


http://www.hipaasurvivalguide.com/hipaa-...64-526.php
 
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