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  1. #1
    Join Date
    Apr 2012
    Posts
    5

    Exclamation IME Holding Up Surgery, Lawyer or No Lawyer

    My workers compensation claim was made in the State of:

    Injured in first part of 2016 and have been seen by several doctors,2 CT's, 3 MRI's, Bone Scan, as well as months of physical therapy, multiple injection, nerve blocks, 3 positive discograms from L3-S1, radio frequency nerve ablation L3-L5, protein rich plasma injections L4-L5, bilateral SI joint injections, an epidural in the SI lumbar ligament, and Facet nerve blocks L4-L5. All these have have led to no relief. In Pain 24/7 aggravated by movement with increased pain, NSAIDS 800mg X3, Norco 10/325 X3 and Hysingla ER 20Mg, loss of sleep, decreased function mobility, and limited positions of comfort.
    ,
    IC is not disputing the injury, thus I have been seen by a neurosurgeon who has reviewed the case and has stated I had went through the steps that would be necessary to preform before considering a 3 level fusion. It had then been determined that just such a surgery was the last option I had in the line of treatment to treat the back pain. Immediately I was scheduled with an IME, the same IME I have seen 2 time previous. Since getting the IME report back, the suggestion is that a 3 level fusion is not appropriate, nor is physical, massage or self directed therapy, pain management, narcotic medication, NSAIDS, tens, and ultrasonic or other modalities reasonable or necessary in treatment, how ever I am not medically stable by the IME's report. It is the opinion of the IME that discograms are neither reliable and misleading in diagnostic testing and should not be preformed, and suggests that the pain generator is a facet joint, as mention RFA has been preformed and that would be the treatment for a facet injury and there was no relief from the RFA, however I had extreme pain while the discogram was being carried out.

    So all my appointments have been canceled, and surgery has most defiantly been suspended by the report of the IME who has spent a fraction of the time examining me compared to the numerous visits and tests preformed by doctors that have been treating me.

    I have not felt the need during any portion of this claim to obtain a lawyer, however I am being subjected to the same treatments that have already been preformed by the suggestion of the IME, and my treating physician stated that we have already done these procedures with no effect, so my question is why the runaround from the IC, and would hiring a WC Lawyer benefit me or pressure the IC to get the hired IME to accept the actual treating neurosurgeons recommendation, and get the IC to exercise its own privilege to disagree with the IME on all the above stated being reasonable and necessary in the treatment?

    Thank you for your input.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,056

    Default Re: IME Holding Up Surgery, Lawyer or No Lawyer

    I have not felt the need during any portion of this claim to obtain a lawyer,
    Which is exactly why you're experiencing the problems you're having.
    Having a lawyer keeps these people honest, they're less likely to play games .
    Have no further contact with the carrier or your employer, consult and retain a lawyer and let him deal with the clowns.

    I will remove your other thread, you can't post the same question twice.

    Tony
    Last edited by tony; 08-02-2017 at 07:09 AM.
    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.

  3. #3
    Join Date
    Apr 2012
    Posts
    5

    Default Re: IME Holding Up Surgery, Lawyer or No Lawyer

    Thank you Tony, I was not sure where I should post the thread that is why i posted in 2 places, thanks for the correction. I believe I will have to seek out a competent WC Attorney, I am sure many others have been treated in this manner.

  4. #4
    Join Date
    Jan 2017
    Posts
    4

    Default Re: IME Holding Up Surgery, Lawyer or No Lawyer

    Quote Quoting reevesmb View Post
    Thank you Tony, I was not sure where I should post the thread that is why i posted in 2 places, thanks for the correction. I believe I will have to seek out a competent WC Attorney, I am sure many others have been treated in this manner.
    Its best to contact a competent WC attorney, most definitely because for me the first time my claim was closed within days I lost my job because of it, and within the 60 day time frame, I put my protest in with representation of an workers comp attorney I got my claim re-opened and was initially scheduled to get my surgery but then the employers WC representative put their protest in a week prior to my surgery halting it and closing my claim for the second time, I again along with my attorney put another appeal/ protest and got WC to finally accept my injuries, and claim and was finally able to have my surgery, and even a few months post op surgery wise they are still fighting and pushing it beyond just mediation and my claim is going onto be litigated.

    So long story short get an attorney its the best bet and better outcome not that our cases are similar but the going back and forth its much easier to handle the stress with a reputable workers compensation attorney ( which mine has been a god send!! there are great attorneys out there you just have to research and look for the one that will work best with you and your claim)

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