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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Additional Injury During Physical Therapy Under Workers Comp

    After a work injury the dr. requested I have an MRI, some other tests and physical therapy. Worker's comp denied the the MIR and sent me to therapy where the physical therapist injured my non-injured side becuase she was doing a resistance test. She didn't have an MRI to work from, and out and out said she needed one before she could do therapy with me. Now Worker's comp is trying to deny paying to fix the rotator cuff she ruptured in my good arm. Where does the liability lie? With the physical therapist or with workers comp becuase they didn't order the MRI which was needed? Has anyone else been injured by a medical professional while under workers comp? if so did you have to get a lawyer to fight it? Does anyone know of the KRS statute which compels them to cover it? If I have the KRS statue, my employer may be more likely to encourage to workers comp to cover it and leave the lawyers out of it. Any help or recommendations would be appreciated.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Additional Injury During Physical Therapy Under Workers Comp

    both.
    not covered by statute but caselaw.
    try the ombudsman
    http://www.labor.ky.gov/workersclaim...udsmen%29.aspx
    Last edited by .SH; 05-19-2011 at 08:03 PM.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Additional Injury During Physical Therapy Under Workers Comp

    Why would you be so adverse in consulting with a competant WC attorney?
    Atty would know the statutes/rules of KY WC Act, the facts of your injury/claim, and how to apply those to help in getting all the benefits you are eligible to...including filing for hearings if informal agreement can't be reached with the ER/IC.
    There is no cost for consult, and you would at the very least know the merits of your claim.

  4. #4
    Join Date
    Nov 2008
    Posts
    30

    Default Re: Additional Injury During Physical Therapy Under Workers Comp

    Quote Quoting BvIA View Post
    Why would you be so adverse in consulting with a competant WC attorney?
    Atty would know the statutes/rules of KY WC Act, the facts of your injury/claim, and how to apply those to help in getting all the benefits you are eligible to...including filing for hearings if informal agreement can't be reached with the ER/IC.
    There is no cost for consult, and you would at the very least know the merits of your claim.
    I'm in CA but my husband was injured during physical therapy. He fainted and ending up with a broken ankle (don't ask how that happened. We still can't figure it out), and he ruined the shoulder repair surgery. The doc there at first said they weren't paying for anything since they didn't make him faint. After I yelled and screamed about how we wouldn't be there but for the w/c injury, they finally x-rayed. So the doc casted his ankle and w/c paid for additional surgery he needed for ruining his first one. However, we filed a civil suit agains physical therapy place. They left him alone after he told them that they moved his shoulder much too far and he felt nautious and faint. They just walked away. He woke up on the floor in a completely different place but no one copped to moving him. It was complicated but that is similar to this guy, I think.

  5. #5
    Join Date
    Nov 2011
    Posts
    1

    Default Re: Additional Injury During Physical Therapy Under Workers Comp

    Quote Quoting helpinky View Post
    After a work injury the dr. requested I have an MRI, some other tests and physical therapy. Worker's comp denied the the MIR and sent me to therapy where the physical therapist injured my non-injured side becuase she was doing a resistance test. She didn't have an MRI to work from, and out and out said she needed one before she could do therapy with me. Now Worker's comp is trying to deny paying to fix the rotator cuff she ruptured in my good arm. Where does the liability lie? With the physical therapist or with workers comp becuase they didn't order the MRI which was needed? Has anyone else been injured by a medical professional while under workers comp? if so did you have to get a lawyer to fight it? Does anyone know of the KRS statute which compels them to cover it? If I have the KRS statue, my employer may be more likely to encourage to workers comp to cover it and leave the lawyers out of it. Any help or recommendations would be appreciated.
    I can relate to what you are talking about , recently i was also in physical therapy for strength training after a back surgery and before a open neck surgery and the therapist had me doing a exercise on a "row machine" . I was doing it to the best of my ability when he came from behind me and told me that i wasnt doing it properly and adjusted me straightening my back upright and pulling my shoulders back then proceeding to extend my arms back as i was pulling the bars back on the row machine , at which time i heard a "popping" in my left shoulder which i have never had trouble with . It started to ache but i thought i had just over extended something or it was old age lol catchin up to me so at the end of therapy session the main therapist gave me a rubber band exercise to take home to do and when showing me how to do it i once again felt the pop in my shoulder and said ouch that is painful , he just laughed and said ....."muscles that havent been used for yrs huh "? I replied with maybe . Once home the pain just got worse and then it started swelling and turning black and blue , i went back to therapy 2 days later and brought it to the therapist attention and she checked me out and did some manipulation and thought that i had maybe seperated the shoulder so wanted me to wait till the following week for her father to check me out when he was back in the office but i ended up going to the ER over the weekend because the pain was horrible . To make a long story short , that was back in April and this is now the middle of November and I am awaiting Surgery because i have a torn bicep tendon and labrium tear , my workers comp is covering it but i think that the therapy dept who i felt injured me should be liable . It has been a pain in the butt getting it worked into my current claim so i wish you all the luck getting yours taken care of , and a speedy recovery .

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