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Leaving your medical open
#1
My doctor told me that my attorney can leave the medical open after my case is over but my lawyer said my doctor doesn’t know what he’s talking about and that’s easier said than done. Does anyone know if it’s that difficult to keep my medical open with the insurance company in case I need surgery down the road? I was told by my lawyer that I need to quit smoking for my back surgery that it effects the healing process, I was trying to quit before this even came up and I’m under my medical doctors care he gave me Wellbutrin but also told me to use the nicotine patches too because there is more success doing both but my lawyer says I can’t use the patches because they actually require me to go get a blood test to prove I’m not using any type of nicotine. So they have stopped sending my work comp checks saying I’m not trying to get well. I don’t see how they can just expect me to stop cold turkey and not give me time to do it. I’m not planning on having surgery anytime in my near future. Has anyone else had this problem? Thanks
 
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#2
What state are you in?

Here in NY, we can close out the work part and keep medical open. That's what I did.. Yes, I'm fighting with my Insurance Carrier to approve treatments, but at least they are paying my office visits. That is the reason why you keep medical open.. in case of future medical needs on your injury. My lawyer told me flat out to keep mine open.

As for Wllbutrin and the patch... I would think if your doctor says to use both, try it. I quit back in 97 on Zyban.. they said it would take me at least 6 to 9 months to totally quit... I was on it for 2 weeks and that was it.. I forgot about smoking and taking the pills... You just have to train yourself to do others things when you want to smoke. Also, keep lollypops, gum and even lifesaves near you... when you get the urge, have one of them...

As for your checks, I would ask for a Comp Hearing. Also, have a report from your treating doctor stating why he has you on both the medication and the patch.
 
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#3
I’m in Illinois. My lawyer says I can’t use any type of nicotine...patches or the gum I find that unreasonable when my medical doctor said i would have more success quitting using both so they have stop my comp checks because I’m still using nicotine. My lawyer created the situation by going to the judge to make the insurance company ok my surgery when the fact is I thought he was doing that for the future if I had to have surgery down the road so of course the opposing attorney then said I wasn’t stopping nicotine and was doing nothing to get better so they stopped my checks. I don’t like my lawyer and feel he isn’t doing his job I’m at the point to tell him to get a settlement.
 
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#4
You can change attys at any time; the fee will be shared.
Generally you can get open med by having judge award only the disability portion. That can take time.
If you are at MMI, your TTD checks would stop whether you were smoking or not.
Have your doctor write a report that you are making progress reducing nicotine dependence and clarifying your disability status.
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
(01-07-2019, 08:39 AM)tbear6410 Wrote: What state are you in?

Here in NY, we can close out the work part and keep medical open. That's what I did.. Yes, I'm fighting with my Insurance Carrier to approve treatments, but at least they are paying my office visits. That is the reason why you keep medical open.. in case of future medical needs on your injury. My lawyer told me flat out to keep mine open.

As for Wllbutrin and the patch... I would think if your doctor says to use both, try it. I quit back in 97 on Zyban.. they said it would take me at least 6 to 9 months to totally quit... I was on it for 2 weeks and that was it.. I forgot about smoking and taking the pills... You just have to train yourself to do others things when you want to smoke. Also, keep lollypops, gum and even lifesaves near you... when you get the urge, have one of them...

As for your checks, I would ask for a Comp Hearing. Also, have a report from your treating doctor stating why he has you on both the medication and the patch.
 
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#6
(01-07-2019, 08:39 AM)tbear6410 Wrote: What state are you in?

Here in NY, we can close out the work part and keep medical open. That's what I did.. Yes, I'm fighting with my Insurance Carrier to approve treatments, but at least they are paying my office visits. That is the reason why you keep medical open.. in case of future medical needs on your injury. My lawyer told me flat out to keep mine open.

As for Wllbutrin and the patch... I would think if your doctor says to use both, try it. I quit back in 97 on Zyban.. they said it would take me at least 6 to 9 months to totally quit... I was on it for 2 weeks and that was it.. I forgot about smoking and taking the pills... You just have to train yourself to do others things when you want to smoke. Also, keep lollypops, gum and even lifesaves near you... when you get the urge, have one of them...

As for your checks, I would ask for a Comp Hearing. Also, have a report from your treating doctor stating why he has you on both the medication and the patch.
 
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#7
(06-21-2019, 10:29 AM)Bets Wrote:
(01-07-2019, 08:39 AM)tbear6410 Wrote: What state are you in?

Here in NY, we can close out the work part and keep medical open.   That's what I did.. Yes, I'm fighting with my Insurance Carrier to approve treatments, but at least they are paying my office visits.  That is the reason why you keep medical open.. in case of future medical needs on your injury.   My lawyer told me flat out to keep mine open.

As for Wllbutrin and the patch... I would think if your doctor says to use both, try it.  I quit back in 97 on Zyban.. they said it would take me at least 6 to 9 months to totally quit...  I was on it for 2 weeks and that was it..  I forgot about smoking and taking the pills...   You just have to train yourself to do others things when you want to smoke.  Also, keep lollypops, gum and even lifesaves near you... when you get the urge, have one of them...

As for your checks, I would ask for a Comp Hearing.   Also, have a report from your treating doctor stating why he has you on both the medication and the patch.

I am in NY
KEEP YOUR MEDICAL OPEN!!!
My case was settled years ago after my first shoulder surgery in 2013.
Second shoulder surgery was in 2015.
I was scheduled for a reverse shoulder replacement this month.
Surgeon found osteomyolitis (spelling) infection in the top of the humerus and only worked on that.
Looking forward to a fourth surgery in about six months.
Insurance has paid for it all. Probably well over $200,000.
Keep your medical and get a great lawyer.

The
 
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