Florida Worker's Compensation - Help For Injured Florida Workers

• Florida Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Florida Worker's Compensation Resources - Links and resources for injured workers.

Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Oct 2010
    Posts
    4

    Default Neuropsychologist Testing Said My Results Show Malingering

    I fell of a broken ladder from approx 13-15 feet. I was knocked unconscious. I dont remember falling, just waking up drowsy with the EMTs lifting me up into the ambulance.
    I sustained a severe concussion. I have been having lingering headaches, with severe migrains ever few days since falling 5 months ago. I also im dizzy, have spotty vision at times and double vision looking up. I also have hard time remembering things and concentrating. Well, 3 months after falling, I was told by my neurologist there was nothing he could do and would recomend me seeing a university for futher treatment. He said I have Post Cuncussion syndrom. In the mean time I had various memory test and exams done by a Neuropsychologist. The test were given which lasted 4 hours one week, and another 4 hours the following week. I was just informed by my workmans comp lawer that the insurance company's lawyer called with my test results from the Neuropsychologist. The anwsers he told me were so low that they showed I was malingering..he said this will be devasting to my case. My lawyer said he wont pay $5000 out of his pocket to have me re-tested either. Now, the original neurologist that recomended me seeing a university for my post concussion syndrom said hes recalling that recomendation. I have seen a psychiatrist a month ago and said I have post concussion syndrom, and post traumatic stress disorder. I been a ball of nerves since my lawyer told me this. I answered and did the test as best as I could, the combination of feeling like a zombie, taking zantax, valium and pain medication how was I supposed to do on that test. Now im labeled of a malinger. What can I do? I feel like im being slandered. Is it a way for the workmans comp to cut off benifits? My lawyer doesnt give me any reassurance. He says just sit back and see what happens. I just cant sit still knowing that my income might be jepodized. I am the only provider to my wife and the children. I would go back to work if I could but I cant..I feel like a have a horrible hangover every day of my life.

  2. #2
    Join Date
    Jul 2010
    Posts
    24

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    The good news is that you have options. I wouldn't be overly concerned about the neuropsych report. That's just one person's opinion (remember it's not even a physician). And it was probably someone chosen by the insurance company. "Malingering" is not a medical diagnosis, although as you've seen an expert can rely on that opinion and base further recommendations on it. I wouldn't worry about getting another neuropsych opinion. You should be able to ask for a change in neurologists and then also an IME (who you get to pick off the carrier's list and they get to pay for!). So you won't have to front any money.

    Now can the carrier cut off benefits? Yes, they can. But that's why you have an attorney. If they cut off benefits, get an advance if you need it (up to $2,000). You'll have to pay that back eventually, but it will get you through a tough time. Also, keep in mind you are probably under surveillance by the carrier. Nothing to worry about but they will be looking for you doing anything outside of your restrictions.

    Good luck and I hope you start feeling better soon!

  3. #3
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    Have your Attorney read this (you too):

    http://www.attorneysmedicalservices....lingering.html


    ver interesting stuff

  4. #4
    Join Date
    Oct 2010
    Posts
    4

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    I just called my lawyers office to find out more information. Now my workmans comp company cut all my benifits. They said the neurologist who originally refered my out to a university for futher testing, then retracted the referement after my neuro testing showed I was malingering..he put me on 0% MMI. What a croc of $hit!!! My lawer said I have a court date sometime in january. In the meantime, do they expect me to return to work? or maybe they are waiting for me not to return to work and fire me...This is horrible!!! I want to return to work but I pysically cant..I have no money coming in also now..

  5. #5
    Join Date
    Feb 2007
    Location
    florida
    Posts
    625

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    The information you have been provided regarding an IME is incorrect. Based on your date of loss you can obtain an IME by any doctor you choose but you would have to pay for it. Confirm it with your current attorney. The carrier has to pay for their IME only. As for an advance there is no guarantee the carrier will agree to it and they could take it to the Judge for a determination if one is owed. If you have not already had your one time change now is the time to request it. The carrier will choose the doctor and schedule the appointment for you. Has your attorney actually read the neuropysch results? If not he needs to get a copy and review. Now that you are at MMI with no PPI the carrier is going to take the position you can return to work. If you have a hearing scheduled then a PFB has been filed. Your attorney needs to file another one for continued TTD/TPD.

  6. #6
    Join Date
    Oct 2010
    Posts
    4

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    I received a copy from the Neuropsychologist of all these test they did..on every single test over the 2 days and 8 hours of testing show malingering. I didnt know how important these test were..I just remember wanting it to be all over with and what does these test have to do with me being in severe pain,nausea and head pounding. The Neuropsychologist did state that he heard me vomit in the bathroom when I had taken a break. I dont really remember what was on the test's but I know I really didnt care about doing them..now they are using them against me. Is this my defense? what else can I say? I have a upcoming appointment with my psychiatrist and im sure he has the same copy of the report..I am so overwhelmed!!! I cant believe workers comp cut off my wages!! I dont want to stay home..I want to get better and return to work..and in the meantime I dont want to risk losing my job with them thinking im malingering...

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    Any medical evaluation/test in your claim that has to do with the ER/IC continuing to pay benefits IS important.
    Your attitude toward those tests...not caring about the outcome, is directly related to the outcome, and not a defense for what the Dr report indicates.
    what does these test have to do with me being in severe pain,nausea and head pounding.
    You were being evaluated apparently for chronic pain syndrom, severe pain,nausea and head pounding. for a determination on what kind of treatment should be provided. Psych counseling may or may not be the appropriate approach for your complaints.

    At some point, the ER/IC is going to want you declared MMI, even though additional treatment may be necessary, your condition rated for impairment,...how your injury affects your ability to compete in the open labor market, or loss of earning capacity, in your current condtion, and move this claim to some type of resolution.

  8. #8
    Join Date
    Nov 2009
    Posts
    60

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    "The anwsers he told me were so low that they showed I was malingering..he said this will be devasting to my case"

    I would be willing to bet all that I have, that give or take 75% of people tested by these neuro psych's fall into the malingering area. Then that information is held on to by the rest of people involved as if GOD HIMSELF wrote the report and is saying-this person is a sinner, STONE HIM AT ONCE . That has to be the saddest joke of all the reports I have read of my own, from various providers. If you got hurt outside of work and went to see a doctor, do you think when that doctor writes his report he is going to say, patient is a malingering-drug addict-fraud-mental issues-ect. and so on and so on... I just cant believe they get away with this.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    , do you think when that doctor writes his report he is going to say, patient is a malingering-drug addict-fraud-mental issues-ect. and so on and so on... I just cant believe they get away with this.
    It depends entirely on who is paying the bills.

    Medical in this country is not an entitlement, it's fee for service. You can have all the treatment you can afford.
    If you were paying the bills...there would be no reason for a psych evaluation. No question on where the money is coming from...either your pocket, or your own health plan.

  10. #10
    Join Date
    Oct 2010
    Posts
    4

    Default Re: Neuropsychologist Testing Said My Results Show Malingering

    So for over 2 months wc cut my benifits and we went to mitigation and we came up resolution, they said they would need to have someone signoff on it from wc and should be resolved by the next day. Well my lawyer called me the next day and said the wc lawyer didn't get the signoff they needed and that wc lawyer wants to take it to trail next month. They said I was commiting fraud by the results of my pych tests. I also stand to lose my job!! How can they do this to me? All I want to do is get better and go back to work.. I have a wife and three young children! This is the cherry on the top!!

Similar Threads

  1. Psychologist/Neuropsychologist
    By miller time in forum Medical Issues
    Replies: 12
    Last Post: 12-30-2008, 06:42 AM
  2. Malingering and Magnification of Symptoms
    By WCslave in forum Insurance Company Practices
    Replies: 9
    Last Post: 11-12-2008, 08:52 PM
  3. Neuropsychologist?
    By miller time in forum Medical Issues
    Replies: 1
    Last Post: 10-28-2008, 06:49 AM
  4. Malingering
    By WCslave in forum Insurance Company Practices
    Replies: 1
    Last Post: 10-27-2008, 08:40 AM
  5. Neuropsychologist
    By miller time in forum Medical Issues
    Replies: 5
    Last Post: 10-25-2008, 11:43 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer