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  1. #1
    Join Date
    Mar 2013
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    3

    Question Finding New Hampshire Md to Counter Ic Shills

    Although I have an attorney, he is hopeless in recommending a doctor to counteract the pro-insurer shill doctor I am dealing with (he doesn't want to say, for legal reasons). So, I was hoping someone here could point me to a good doctor (anywhere south of Concord). I have a protruding disc, with disc material near the nerve, as shown on an MRI. The insurer's doctor is almost at the point of declaring MMI and, seeing how pro-insurer he is, will no doubt declare a very low permanent impairment (which is not true). All I really have on my side, so far, is the MRI report. From reading the excellent posts in this NH forum, it's obvious I need a doctor who is not a pro-insurer hack. Any help would be greatly appreciated.

  2. #2
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    Default Re: Finding New Hampshire Md to Counter Ic Shills

    Unless you have neurological deficits showing up as a direct result of that disc material actually impinging on the nerve root, it is unlikely that any spine doc will recommend agressive treatment. Most will probably recommend conservative treatment for you--- physical therapy and medications.

    A lawyer cannot dictate to a doctor what the doctor's professional opinion and judgment should be. Your unhappiness with the doctor's opinion does not mean that your lawyer is not doing his or her job for you. If the MRI shows certain facts, then any doctor is limited to those facts.

    Keep asking your lawyer about getting a second opinion from another spine doc. But don't be too surprised if the second opinion is really similar to the first one.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
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    Mar 2013
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    3

    Default Re: Finding New Hampshire Md to Counter Ic Shills

    Thank you for your response. However, I was looking for someone in NH to recommend a doctor here, that's all. The doctor the insurer sent me to is, according to the attorney, a notorious pro-insurer doctor - which is why they steer you to him in the first place. For whatever reason, the attorney says he cannot steer me to a particular doctor himself and will only say that I need to get away from the insurer's doctor. My post is limited to seeking a recommendation for a doctor in NH.

    If I don't have my own doctor stating HIS interpretation of the MRI and exam results, the hearings officer has no choice but to go along with the insurer, according to the lawyer. And it is he that is most upset with this doctor, not me; I didn't even realize what was going on until he explained it. Also, I am not looking for 'aggressive treatment', only a second - honest -opinion. Yes, a second doctor could agree with the insurer's doctor but it's highly unlikely (for reasons too long to explain here).

  4. #4
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    Default Re: Finding New Hampshire Md to Counter Ic Shills

    Things may not be as simple or straightforward as you think.

    I cannot fathom why your attorney would not have a specific suggestion for you as to a better doctor to see. What is the rationale of the lawyer saying he cannot steer you to a better doctor? I don't get it. In workers' comp cases, that is part of what the Plaintiff's lawyer often needs to do, in every state in the US.

    And there are other issues--how do you pay for the second opinion? Health care insurance won't pay if you are honest about it being a work-related injury. And will the second opinion you obtain on your own be admissible into evidence, or does it get disregarded due to a rule that forces the Commission to give it less weight? I don't know. But these are questions a competent workers' comp attorney should be able to answer for you.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  5. #5
    Join Date
    Oct 1971
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    5,121

    Default Re: Finding New Hampshire Md to Counter Ic Shills

    captainclueless
    If I don't have my own doctor stating HIS interpretation of the MRI and exam results, the hearings officer has no choice but to go along with the insurer,
    Doctors don't interpret MRI's, the radiologist who performed the MRI does.
    The MRI comes with a report which states the results, doesn't matter what doctor you see, the results will be the same.

    Furthermore there is a procedure to follow if you disagree with the IME, you don't just find another doctor and submit his report, it doesn't work like that.

    The employee must apply to the commissioner for authorization to obtain an independent examination and report thereof by a duly qualified health care provider, in accordance with RSA 281-A:38, (something this co called attorney should've already done)

    Authorization for additional independent examination regarding the same injury may be granted only if the commissioner finds that exceptional circumstances exist which cast reasonable doubt on the accuracy of the report of the first independent examination.
    The commissioner shall grant one such authorization as a matter of course.

    The health care provider conducting an independent examination authorized by the commissioner under this section shall be entitled to a reasonable fee therefor, which shall be paid by the employer or the employer's insurance carrier.

    TITLE XXIII Labor CHAPTER 281-A Worker Compensation Section 281-A:38
    281-A:38-a Examination of Injured Employees Covered by Managed Care Programs. – If an injured employee who is covered by a managed care program established in accordance with RSA 281-A:23-a is dissatisfied with a determination made by such program relating to compensability, degree of disability or degree of impairment arising from an injury, the injured employee may apply to the commissioner for authorization to obtain an independent examination and report thereof by a duly qualified health care provider, in accordance with RSA 281-A:38, of the injured employee's choice. The commissioner shall grant one such authorization as a matter of course. Authorization for additional independent examination regarding the same injury may be granted only if the commissioner finds that exceptional circumstances exist which cast reasonable doubt on the accuracy of the report of the first independent examination. The health care provider conducting an independent examination authorized by the commissioner under this section shall be entitled to a reasonable fee therefor, which shall be paid by the employer or the employer's insurance carrier. Nothing in this section shall be construed to prevent an injured employee from obtaining an examination by a health care provider of the injured employee's choice, at the employee's expense. Source. 1993, 311:2. 1996, 231:2, eff. Aug. 9, 1996.
    http://www.gencourt.state.nh.us/rsa/...281-A-38-a.htm
    http://www.gencourt.state.nh.us/rsa/...XIII-281-A.htm

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  6. #6
    Join Date
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    Calif
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    Default Re: Finding New Hampshire Md to Counter Ic Shills

    If I don't have my own doctor stating HIS interpretation of the MRI and exam results, the hearings officer has no choice but to go along with the insurer, according to the lawyer.
    You have your treating physician report, and the Radiologist, they have their IME... the judge would weight the medical reasoning, you don't need another third opinion unless the commissioner sees a need to clarify some of the opinions.
    My post is limited to seeking a recommendation for a doctor in NH.
    You'll rarely if ever see specific name referrals here, the moderator/owner of this board discourages it.
    Talk to your attorney.

  7. #7
    Join Date
    Mar 2013
    Posts
    3

    Default Re: Finding New Hampshire Md to Counter Ic Shills

    Thank you, complwyr, tony and BvIA. Simply put, I've never been examined by a doctor of my choice. The attorney won't steer me, I think, because it would undermine the appearance of objectivity of the exam (no better than what the insurer is doing). He's been doing WC law in NH for nearly 30 years, so I think he knows what he's doing. Since BvIA states the mod usually doesn't allow names to be posted, this is a dead end really. But I thank you all for your time.

  8. #8
    Join Date
    Oct 1971
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    5,121

    Default Re: Finding New Hampshire Md to Counter Ic Shills

    People can PM you with a reference, we usually do give references in the open forum.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
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    Default Re: Finding New Hampshire Md to Counter Ic Shills

    Your lawyer can tell you, the client, privately which doctor to try to see. That communication between you is covered by attorney-client privilege. So long as you do not voluntarily disclose that fact that the lawyer gave you the doctor recommendation, no one will ever know your lawyer did it. So the argument that it may taint the evaluation is really nonsense. You cannot even be compelled to testify that your lawyer recommended this doctor, because the attorney-client privilege protects you from having to answer that question. So again, I think you should ask your lawyer to recommend a doctor who will be a straight shooter for you. This is how workers' comp cases are handled in the other 49 states in the union, too, by the way.

    Obviously, you cannot walk into the doctor's office and say, "my workers' comp lawyer sent me here to be evaluated." You have to be more subtle than that.
    Last edited by complwyr; 03-23-2013 at 05:53 AM.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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