Sell-Out Doctor

[worried_sick]

My workers compensation claim was made in the State of: Texas

Hi, I am very happy to have found this forum. This is my first time posting and hope someone can provide some advice.

Here goes some of my case's history...

I was in a car accident back in March '09, and I suffered from a concussion and contussion. I banged my head really hard against the steering wheel during impact and ended up with a black eye, a huge ball on my forehead, and backache.

I suffered extreme headaches, short term memory loss, concentration loss, and confusion for about 4-5months, and was put on a combination of Vicodin, Skelaxin, and Ibuprofen straight through.

I have been seeing a worker's comp doctor ever since. First, he took me off work completely and later sent me back on light duty, but since my employer doesn't offer light duty, they told me to come back once I was fully released.

Now, my backaches are almost gone, but my headaches aren't. This worries me because I am a person that never ever suffered from headaches before. It was very rare when I got one, once every 2-3 years. Currently, I get them 3-5 days out of the week, and I am miserable most of the time. I HAVE to take pain meds to make the pain stop, if not, the pain will continue all day. I know this is not normal.

Today, I was finally able to see a neurologist. I explained my situation to him, and to my surprise, he said there was nothing wrong with me. He said that I should stop all medications, deal with the pain, and return to work full duty. He didn't even ask me where my head hurt or anything.

I told him I knew there was something wrong with me because it wasn't normal to have pain all the time; especially, when I never did before. He told me he wasn't going to argue with me and that he was going to send the above recomendations to the treating physician.

...and that was it. I have my follow up with the treating physician this week, and I am afraid that he will take the neurologist's advice and cut me off.

What does you guys think? Am I wrong to believe this is not right?? Any comments will be greatly appreciated.

Thanks in advance,
Worried_Sick

[RDS]

I'm so sorry.

I think you are right. This doctor is a "sell out" or "IC Whore".

I had a similar a situation. When I got a lawyer I started getting more respectI now keep holding on by the hair of my chinny chin chin.

They will try to shake you loose. Keep hanging on. When they change strategies you change strategies. Learn all you can about the facts but also be stubborn even if you don't know all the facts yet. They will baffle you with bull just to get you to give up. You hang on and baffle them with bull.

I hope this all makes sense, I'm typing mad. That cruel doctor has pissed me off. I don't know you but I pray that you get justice.

[worried_sick]

RDS,

Thank you so much for your support. I am glad you agree that something doesn't seem right. I wasn't sure if the feelings I have are mistaken.

I, currently don't have a lawyer, but now I am starting to see that I may need one. I am so afraid of the thought that these headaches will never go away, and I will have to deal with them the rest of my life. I am currently 26.

What can I do? Should I get a second opinion? If so, should I go to another workers comp neurologist, or should I go to a regular neurologist?

Thank you,
W_S

[RDS]

Quoting worried_sick

RDS,

Thank you so much for your support. I am glad you agree that something doesn't seem right. I wasn't sure if the feelings I have are mistaken.

I, currently don't have a lawyer, but now I am starting to see that I may need one. I am so afraid of the thought that these headaches will never go away, and I will have to deal with them the rest of my life. I am currently 26.

What can I do? Should I get a second opinion? If so, should I go to another workers comp neurologist, or should I go to a regular neurologist?

Thank you,
W_S

From what I understand the laws in Texas are more complicated than most states.
I hate to say cliché stuff but I strongly believe that if you are able to hang on it will be because you get a lawyer.

I believe that even if you are a genius you will need a person who not only knows the laws of your state but also has pull as far as doctors are concerned.

Lawyers know honest neurologist. They also know the right questions to ask, the right forms to file, and the right way to communicate with Insurance company adjusters.

I don't why your post touched my heart so strongly but I found myself praying for you with the passion that only God can give.

Hang in there; I believe you will find justice.

[txcomp20yrs]

Just thought I would try to help, I have been working in texas work comp off and on for 20 years and yes you need to get a second opinion and also if I am not mistaken if you were inured in a motor vehicle accident while working you may have a double claim. Meaning you may have a personal injury as well as a workers' comp injury. But I am not an attorney, you should probably consult one but remember in Texas they get 25% of any benefits you may be receiving for workers' comp. the PI is a different story. Hope that helps.

txc20

[kelly38]

I agree with everything RDS wrote. I hope you have an attorney to help you.

Have you had an MRI of the brain and neck? Both can cause headaches.

Also, Vicoden can cause really bad headaches in some people (I am not saying they are the cause of yours). I just wanted to mention it.

I wish you well.

[Here2HelpU]

RDS: Your advice worries me a little. There are other alternatives to obtaining an attorney. I see that you care about this man's plight, but you don't give any tangible advice. Are you an attorney? Most of your posts tell people to hire one. Or most of them state for example: "I would trust WC attorneys over adjusters any day." or "Most lawyers are truthful." That is not good advice.

worried_sick: There are steps you can take. If your employer's policy is in a healthcare network, your carrier must allow one change of treating doctor. If they are not in a particular network fill out a Form-32 and submit it to the Division of WC in Texas to authorize the change. You get to choose your doctor in Texas. This is to change the treating doctor only though, not specialists like orthopedics or neurologists. Treating doctors can refer you out to different specialists though.

Did the neuro take any diagnostics on you? CT scan, MRI? I would be surprised if a neuro recommends your release without taking a view of your brain.

Or maybe your headaches are from the opiates you are prescribed. Many of your medications can cause side-effects. Just a suggestion. You may be forming a dependence! Skelaxin side effects include headaches. And I'm sure you know what Vicodin is all about.

Hopefully you can get some logical help. Contact the Division of WC. They have a help desk called The Office of Injured Employee Counsel. They normally contact your claims adjuster and help you out with the paperwork.

Can't think if I forgot anything else. Trying to help you without you hiring an attorney to take 25 percent of your lost wage benefits you are currently receiving without his help!

But good luck!

Oh also:

Lawyers know honest neurologist

That's a goofy comment. I'm sure most attorneys know the right doctors to ask for second opinions that give the benefit of the doubt to the injured employee. I would hope all doctors are honest to an extent. Some may bend the results to benefit themselves. Some are more conservative than others. Some are more aggressive than others. If a doctor wants to do 3 surgeries on you, does that make him a better doctor? If this was your dime, would you want him to do 3 surgeries? Since it's free healthcare, you have a different mind-set.

I could go on, but anyways, this is about worried_sick. If you were in another state, I would tell you to get an attorney. WC in Texas is so heavily beauracratized that attorneys can't really help you except for dispute impairment ratings and attend BRCs and CCHs. But you could dispute your own impairment ratings or dispute MMI. Get help from the Division of WC in TX.

-H2HU

Oh and another thing: Who was at fault for the accident? You or the other? Insurance carriers will take a lien on the 3rd party and get their money back anyways.

[kelly38]

Quoting Here2HelpU

RDS: Your advice worries me a little. There are other alternatives to obtaining an attorney. I see that you care about this man's plight, but you don't give any tangible advice. Are you an attorney? Most of your posts tell people to hire one. Or most of them state for example: "I would trust WC attorneys over adjusters any day." or "Most lawyers are truthful." That is not good advice.

I disagree with this comment. I would trust my attorney any day over a claims adjuster. Most people who post on this site are injured workers, not attorney's...but we have a few.

Here2HelpU, you did give some other good ideas to help this injured worker. I think both you and RDS were helpful to this poster.



I would hope all doctors are honest to an extent.
.

I wish that were true.

[RDS]

Here2helpu,

You are new to this site so I haven’t read much about you. As time goes on I will see the kind of help you want to give. Many come to this site who lean toward the IC. They don’t even know they are IC friendly. They have been trained with a mindset that I don’t understand.

You have called my advice goofy. To that I say OK. You said” That's a goofy comment. I'm sure most attorneys know the right doctors to ask for second opinions that give the benefit of the doubt to the injured employee.” Sounds to me like you just agreed with my goofy advice. Thanks for that.

I don’t pretend to be a legal expert nor do I want the readers to believe I understand statutes. I have a lot of experiences that I use to survive in this evil system.

This site has some lawyers for the intellectual stuff.
It has bvia for the deep intellectual experience from an actual injured worker.
Most of us speak from our experience.
We even have an insurance adjuster who helps some.

If you truly believe that worried_sick may not need to get a lawyer then I disagree. I have not given my attorney a dime yet. I believe he will earn 25% of my settlement. Most find that their lawyer’s work increases the settlement enough to pay their way.

I hate that you are worried about my post, I also hate that you don’t think my advice is good. A lawyer in this system is a good idea. IMHO
When I post, I always cross my fingers and hope that Toney, bvia, complawyer, Kelly38, injured gypsy, lost in Connecticut, Timothy Belt, Q-man, Tier02 or many others will come along and give the person great advice. I just add 2 cents worth.
I don’t think any of the above mentioned would tell worred_sick not to get a lawyer.

RDS

[BvIA]

I don't have any 'deep' advice.. I'm wondering though if there are not some things missing here. (?)

The op did not say this neuro was a IME... but a second opinion physican... or whether the neuro was selected by the CA/IC, or referred by the PTP.
I'd have to guess at this point, the PTP referred the op to the neuro to confirm his findings... and opinine to whether or not there is actual damage, or concussion due to the MVA. For second op's you don't necessarily need further X-rays, or MRI/Cat scans... the neuro should be capable of reading the prior radiologist reports, and films to reach a diagnosis. I'm not sure what people want to 'cure' their injuries, or 'headache' after a tramutic injury... some resolve on their own in time. That may be the case here. (?), Maybe not. We don't know that. So probably not a good idea to jump to a conclusion based on the limited information by the op.

Now, my backaches are almost gone, but my headaches aren't. This worries me because I am a person that never ever suffered from headaches before. It was very rare when I got one, once every 2-3 years. Currently, I get them 3-5 days out of the week, and I am miserable most of the time. I HAVE to take pain meds to make the pain stop, if not, the pain will continue all day. I know this is not normal.

You hit your head. I don't see how you can compare having a headache now vs whether you had these prior to the MVA, and whether or not it's ''normal''.
After you hit your head did the 'bump' appear to come up or go inward ? Inward would indicate a concussion...that will cause a 'headache', severe at times, ie migraine. A bump coming 'up' even large, could cause a headache, severe at times, ongoing... not a concussion, and both are likely to resolve on their own in time.
What would you like to see a doctor do...? Certainly you are not suggesting you would like a surgery, or drill holes in your head to relieve pressure ?

I have been seeing a worker's comp doctor ever since. First, he took me off work completely and later sent me back on light duty, but since my employer doesn't offer light duty, they told me to come back once I was fully released.

Your ER is not required to offer a light duty position... if they can't though, yo should be provided TIB's. Once you have reached MMI, your job situation will be addressed.

I'm NOT saying you don't have a serious injury, nor am I trying to minimize your situation or pain. If you are not happy with your treating physican, then yes, you can request a change. You won't be provided multiple doctors for evaluation until you find one that agrees with your self diagnosis. Try not to compare what is 'normal' prior to your MVA to what you are experiencing now... as I said, you have sustained an injury to your head. It is 'normal' for you to experience some pain now, maybe for a while. We don't know the medical specifics to your injury, and should not 'diagnose' on a message board. No doctors here.

should I go to another workers comp neurologist, or should I go to a regular neurologist?

I'm curious what a ''regular neurologist'' might be. Doctors who treat industrial injuries are just 'regular' doctors, fortunately given the hassles of the system, low fee structures, we are damn lucky to have/find a physican, neuro or other specialty, who will agree to treat work injuries/illness. Given the litigation issues, delays, denials common in WC... I'd say damn lucky indeed.

BTW... you should definately be pursuing the PI/personal injury aspect here... the benefits can be significantly different vs comp.