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  1. #1
    Join Date
    Mar 2018
    Posts
    4

    Default Doctor Jerkface

    Hello All,

    I had my second ulnar nerve failed surgery and woke up screaming in agony.The nurses pumped me up with morphine till no more was permitted. I developed Crps on my hand with claw fingers and left with severe nerve damage.It took about 2 month for the treating doctor to finally take me serious and he ordered another surgery to explore.The insurance comp denied his recommendations of 3rd surgery.I asked my lawyer for another treating doctor since I wouldnt let same doctor going in the 3rd time.

    This doctor sent me to do 3 emg test in matter of 6 week span.The test took 10 minutes each to do and showed a little improvement in the findings.The treating doctor then told me to let time heal.I disagreed with these test because they being done by a doctor whom seems like he was working against me.My arm and hands were constantly burning aching shooting electric shocks and my elbow was sop painful I couldn't even coupe.

    I decided to go to Ny to get 2nd opinion from my pocket expense.I went to an ortho and nuero.The findings from MRI and emg showed severe nerve damage with muscle wasting and confirmed rsd type 2.

    The insurance company then sent me to some doctor to see if 2nd surgery is warrented.This Jerk doctor spent 3 minutes with me and declared me MMI and fully duty work. I'M a union construction worker.

    My benefits were cut off immediately.

    We since then went another doctor which was lawyers doctor agree with ny doctors.

    The judge denied benefit and agreed with mmi doctor.

    I was then sent to insurance doctor and he agreed with mmi doctor.

    I THEN was seen by pain management and they agreed also but limited me light duty restriction 10pounds. After all said and done its be a year exactly today that I now have my rsd spread to my other hand and I now have a spine stimulator implanted the other day.

    MY pain has not subdued nor has gone away,it's there 24/7 but the stimulation helps about 45 percent.

    I HAVE not received any benefits since the 1st doctor declare me MMI.

    WHAT'S wrong with this picture.

    I filed for ssdi. MY lawyer want to fight for back pay at the end.Meanwhile I'm suffering and broke with 3 children.

    Is it legal for a non treating doctor to put me mmi?

    Thank you.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,044

    Default Re: Need help advice

    s it legal for a non treating doctor to put me mmi?
    Sure, the IME or insurance doctor can say anything he wants, you have the right to appeal.
    If you have a doctors opinion supported with objective evidence, you may prevail in the appeal.

    You can't double post the same question - I removed the double posting.

    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.

  3. #3
    Join Date
    Mar 2018
    Posts
    4

    Default Re: Doctor Jerkface

    I was sent to this doctor for an evaluation for 2nd opinion for surgery.He said I was mmi.

    Don't they have to do an ime before one can declare mmi.

    I was then treated by pain management months after and had stimulator implanted. I thought after implanted then mmi would be warranted?

  4. #4
    Join Date
    Oct 1971
    Posts
    5,044

    Default Re: Doctor Jerkface

    Sounds like that was an IME, at this point you need help, you're in over your head.
    You need to consult and retain a lawyer - he can advise you on how to get a second opinion and appeal the IME decision.

    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
    Join Date
    Mar 2018
    Posts
    4

    Default Re: Doctor Jerkface

    Thank you for your response

    I do have a lawyer.

    I had 2 failed surgery on my elbow (ulnar nerve)

    I developed crps from the last failed surgery that already spread to my other arm.


    I have severe chronic neuropathy and crps I am declared with 10 pounds perm restriction on it. I'm a union construction laborer.

    There's no light duty in this field of work.

    I have a spine stimulator implanted few weeks ago.

    Should my lawyer be fighting for total perm disability and open medical?

    I'm trying to not to get screwed at the end as I made over 80,000 grand a year and lost all my beneifts and family insurance.

    I filled for ssdi and waiting.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,044

    Default Re: Doctor Jerkface

    Spinersd
    Should my lawyer be fighting for total perm disability and open medical?
    You'll never be eligible for total disability with an elbow injury.
    In order to be totally disabled, you'd have to be a paraplegic - even then they'd say you can still breathe and fight you tooth and nail.
    You may be eligible for PPD - Permanent Partial Disability.

    Once you reach MMI and receive a rating, you will then be eligible for a number of weeks of wage loss benefits based on that rating.
    Your state uses a complicated formula to determine your benefit - This is something you need to discus with your lawyer, he knows the details of your claim and can tell you what to expect.

    Permanent Partial Disability: Rate depends on type and severity of injury, with the noted maximum/minimum
    http://www.nj.gov/labor/wc/content/s...#Benefit-Rates

    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
    Mar 2018
    Posts
    4

    Default Re: Doctor Jerkface

    Its been 5 months now with the spinal stimulator inside of me and it not helping me like the pre trial one did to about 45
    -50 percent relief.

    It has been tweeked 3 times by the specialist and my crps and elbow pain is worse.

    Do i have rights to continue asking for other
    treatments from pain management if im delcared mmi?


    Should i ask to remove the stimulator if its not giving me relief


    Thank you


    Quote Quoting tony View Post
    Spinersd You'll never be eligible for total disability with an elbow injury.
    In order to be totally disabled, you'd have to be a paraplegic - even then they'd say you can still breathe and fight you tooth and nail.
    You may be eligible for PPD - Permanent Partial Disability.

    Once you reach MMI and receive a rating, you will then be eligible for a number of weeks of wage loss benefits based on that rating.
    Your state uses a complicated formula to determine your benefit - This is something you need to discus with your lawyer, he knows the details of your claim and can tell you what to expect.

    Permanent Partial Disability: Rate depends on type and severity of injury, with the noted maximum/minimum
    http://www.nj.gov/labor/wc/content/s...#Benefit-Rates

    Tony

  8. #8
    Join Date
    Oct 1971
    Posts
    5,044

    Default Re: Doctor Jerkface

    Quote Quoting Spinersd View Post
    Its been 5 months now with the spinal stimulator inside of me and it not helping me like the pre trial one did to about 45
    -50 percent relief.

    It has been tweeked 3 times by the specialist and my crps and elbow pain is worse.

    Do i have rights to continue asking for other
    treatments from pain management if im delcared mmi?


    Should i ask to remove the stimulator if its not giving me relief


    Thank you
    You better consult a lawyer before you do anything.

    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
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Doctor Jerkface

    Hello Spinersd sorry for chiming in so late, but I was wondering what your results were on the Qsart test. (Quantitative Sudomotor Axon Reflex Test (QSART) as this is the cornerstone of a positive conclusive RSD DX?

    BUG

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