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  1. #1
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    Aug 2017
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    Default New York Injury New York State WC Moved to Charlotte, North Carolina

    I am trying to find an Orthopaedic surgeon in NC or SC that will take NY WC and am having No luck. My lawyers aren't much help. Can someone help me out please?
    this is a back injury
    TIA

  2. #2
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    Default Re: New York Injury New York State WC Moved to Charlotte, North Carolina

    The best back docs in Charlotte are probably the ones at Carolina Neurosurgery and Spine. The odds of them accepting NY work comp are probably zero, but since you have relocated, the NY Workers' Comp act probably has an exception for out of state doctors who are not bound by the NY fee schedule. Call the work comp coordinator over there and find out what you need to do to be seen by them.
    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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    Default Re: New York Injury New York State WC Moved to Charlotte, North Carolina

    I've already spoken to them and they won't see me.
    Called CSNA and OrthoCarolina along with about 50 private practices.

  4. #4
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    Oct 1971
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    5,008

    Default Re: New York Injury New York State WC Moved to Charlotte, North Carolina

    Quote Quoting inkedcarpenter View Post
    I've already spoken to them and they won't see me.
    Called CSNA and OrthoCarolina along with about 50 private practices.
    There's not a specialist on planet earth that takes walk ins, let alone a worker comp case without a referral from your treating physician and a pre-approval from your carrier.
    Your treating physician decides if surgery is necessary, chooses the specialist and makes the referral - the specialist will then request an approval from the carrier before they'll see you.
    You don't just move to another state, call surgeons and ask if they'll see you, that's not how the system works.

    Why didn't your doctor make a referral to a surgeon?
    At your last appointment, did you inform your doctor you where moving out of state so he could coordinate and refer you for follow up care?
    When's your next appointment and do you plan to keep it?

    Why would someone just pick up and move to another state without making the proper arrangements, somethings missing here.
    Better watch what you're doing, not cooperating and missing follow up appointments is reason to deny your claim.

    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.

  5. #5
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    Aug 2017
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    4

    Default Re: New York Injury New York State WC Moved to Charlotte, North Carolina

    I was evicted from my residence because I couldn't pay the rent. My girlfriend owned a house in NC, so we moved. My lawyers said it wouldn't be an issue and i could continue treatment when I moved. I informed my doc, the one that opened and maintained my 90 day visits with, that I was moving. He gave me a few Orthos that I could see in NC, but they wouldn't take my WC. I've traveled back to NY 3 times already for appointments, and its a hassle. I can't sit for the time it takes to drive and have to constantly stop and I can't afford airfare. I've done and am doing everything that is being asked of me. To be quite honest, as if I weren't already, I'm dissatisfied with my lawyers and the process to date.

    My next appointment is the the last week of October. Yes I will be keeping it.

  6. #6
    Join Date
    Oct 1971
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    5,008

    Default Re: New York Injury New York State WC Moved to Charlotte, North Carolina

    I informed my doc, the one that opened and maintained my 90 day visits with, that I was moving. He gave me a few Orthos that I could see in NC, but they wouldn't take my WC.
    Of course they won't take your case, your doctor didn't give a referral.

    It's the carriers responsibility to provide medical treatment, they do that through your doctor - it's not your job to go doctor shopping.
    It's your doctors job to find a specialist, ask if they'll take your case and give the referral, I never heard of a doctor giving a patient a list of "a few Orthos " and tell them to go shopping.
    I have no idea of what's going on but I can tell you what you're saying doesn't make sense.

    No specialist will accept walk ins, they only accept patients referred to them by Primary Treating Physicians - you'll never find a doctor the way you're going at it.
    Your lawyer should be on top of this, have him contact the carrier and see what's going on.

    I informed my doc, the one that opened and maintained my 90 day visits with, that I was moving.
    Are you on pain meds?
    Never heard of ninety days visits - it's usually every 30 days, I don't think it's even legal to prescribe pain meds for ninety days unless you have a terminal condition.
    This thread is fast not making any sense

    OVERVIEW OF STATE PAIN MANAGEMENT AND PRESCRIBING POLICIES
    No prescription for a Schedule III substance in New York may be written for a greater than 30 -day supply.
    However, a practitioner may issue a prescription for up to a three - month supply provided that the prescription has been written for the treatment of certain
    named conditions and such prescription shall state the name of the condition being treated on the face of the prescription.
    New York law also provides that an oral prescription may not be filled for more than a five - day supply. Further, no additional prescriptions for
    certain listed Schedule III substances may be issued by a practitioner within 30 days of the date of a previously issued prescription for
    the same substance unless and until the patient has exhausted all but a seven days’ supply of that substance.

    See Pg.39
    http://www.namsdl.org/library/74A865...E6218FA0F05B0/

    New York State Enacts New Law to Prevent Drug Diversion
    Protecting Patient Access
    Following the Drug Enforcement Agency’s reclassification of hydrocodone from Schedule III to Schedule II, New York State hopes to further control abuse of the medication by eliminating automatic refills and, in general, by limiting the amount prescribed or dispensed to a maximum 30-day supply. However, to protect legitimate access for those patients who need these drugs, “the bill will not alter a practitioner’s ability under existing regulations to prescribe a supply of up to 90 days if he, or she, indicates on the face of the prescription that the patient has one of several enumerated conditions, including chronic pain.” The new law will also add another drug, tramadol, to Schedule IV.
    https://www.practicalpainmanagement....drug-diversion

    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.

  7. #7
    Join Date
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    Default Re: New York Injury New York State WC Moved to Charlotte, North Carolina

    Tony is right. There are ways to solve the problem for you, most likely, but your lawyer in NY needs to be the point person solving the problem. That is what lawyers do for their clients. Solve problems.
    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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