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  1. #11
    Join Date
    May 2010
    Posts
    607

    Default Re: Can I Get a Doctor Second Opinion

    Quote Quoting wall e View Post
    I have a crush injury to my upper right arm. They said my radial nerve is damaged therefore leaving me with wrist and hand palsy. I am currently see a OT 3 times a week. I just don't feel I am receiving the best care possible and am frustrated. After being released from hospital I never saw a Dr for 2 weeks. He then just walked in the room and told me to go to work. He never even examined my arm. And to be honest , I'm scared, I have never been in so much pain and have no control over my hand and wrist. It just hangs there. After being told quote "you have 1 good arm and 2 good legs, go back to work" and prescribed OT 3 times a week. When I asked how was I to travel 3 times a week for OT, and work (if I could)]
    and get enough hours to support myself and my family he said "thats not my problem" and left the room telling me to return see him in 3 months.

    And I know its not, and I am also very aware its not your problem...or anyone else's on these forums. I was just hoping for some guidance and support. I haven't slept in a month, I'm tired. Sick and Tired. Guess I'm just being a whiner. Was not my intention. I was just hoping to hear something better than what I was being told. A bit of hopeful info that gave me alternatives to what I am going to have to do.
    No your not whining, its very normal to get screwed over by a WC insurance company.
    You did leave many details out of your fist few posts..
    We get many people here thinking they are going to make millions and retire over an injury.
    And I agree with Tony, lawyer up, your in for a long battle but without knowing all the laws of your state they will just hope you give up.
    Best of luck and keep us informed....Now its time to protect yourself and your family.

  2. #12
    Join Date
    May 2020
    Posts
    10

    Default Re: Can I Get a Doctor Second Opinion

    Quote Quoting airdale View Post
    No your not whining, its very normal to get screwed over by a WC insurance company.
    You did leave many details out of your fist few posts..
    We get many people here thinking they are going to make millions and retire over an injury.
    And I agree with Tony, lawyer up, your in for a long battle but without knowing all the laws of your state they will just hope you give up.
    Best of luck and keep us informed....Now its time to protect yourself and your family.
    I ave not wanted to do that because I was threatened by the adjuster I would put my employers wc insurance in jeopardy if I do so but I don't feel I am left with any choice. I can't accept Dr's who don't have my best interest in mind let alone care about me . So I'm off to find a good wc lawyer. Thanks guys.

  3. #13
    Join Date
    Oct 1971
    Posts
    5,170

    Default Re: Can I Get a Doctor Second Opinion

    I ave not wanted to do that because I was threatened by the adjuster I would put my employers wc insurance in jeopardy
    He's lying, even if true why should you care? - They have no problem putting your well being in jeopardy, this is exactly why you need a lawyer.
    Without a lawyer they'll chew you up and spit you out, sounds like they've done a good job so far.
    Don't let anyone intimidate or threaten you for hiring a lawyer - that adjuster and employer have a seasoned law firm representing their interest, you have the right and deserve the same.

    Have no further contact with that adjuster nor argue with this quack doctor - hire a lawyer and let him deal with these ass clowns.
    A good lawyer can direct you to a new treating physician who will have your interest at heart.
    Keep notes of these damming statements from this adjuster and doctor, be as specific as possible with names and dates - inform your attorney of this harassment.

    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.

  4. #14
    Join Date
    May 2020
    Posts
    10

    Default Re: Can I Get a Doctor Second Opinion

    Quote Quoting tony View Post
    He's lying, even if true why should you care? - They have no problem putting your well being in jeopardy, this is exactly why you need a lawyer.
    Without a lawyer they'll chew you up and spit you out, sounds like they've done a good job so far.
    Don't let anyone intimidate or threaten you for hiring a lawyer - that adjuster and employer have a seasoned law firm representing their interest, you have the right and deserve the same.

    Have no further contact with that adjuster nor argue with this quack doctor - hire a lawyer and let him deal with these ass clowns.
    A good lawyer can direct you to a new treating physician who will have your interest at heart.
    Keep notes of these damming statements from this adjuster and doctor, be as specific as possible with names and dates - inform your attorney of this harassment.
    Tony
    Thank you that sounds like good advice and I will be doing that immediately. I started a notebook for that and it will be going with my receipts for my out of pocket expenses I have incurred so far.

    [QUOTE=tony;211501]Where do you see that?
    https://molabor.uservoice.com/knowle...-my-own-doctor

    Care
    The Workers' Compensation Law gives the employer the right to select the health care providers for the injured worker. The employer usually delegates that right to the insurance company. This does not necessarily mean that the insurance company "directs" the medical care; the treating physician selected or "authorized" by the employer/insurer directs the medical care using his or her own independent medical judgment. However, the employer/insurer does have a qualified right to select or authorize a change in physician if the employer/insurer disagrees with the authorized treating physician.

    It is important to note that while the employer usually delegates the right to select the health care providers to the insurance company, it is the employer's right. Therefore, if the employer and the insurance company disagree on this matter, theemployer's wishes should prevail.

    Quote Quoting tony View Post
    Where do you see that? The law refers to treating physicians, not second opinions - that carrier isn't going to pay for your defense.
    If that's the case, why did you start this thread asking if the carrier will pay?
    The employer can request a change in treating doctors, there's no guarantee he will recommend a different treatment plan - I fail to see what's the point if your employer disagrees with the current treating doc and is willing to pay lost wages as you said in your other thread.

    Before this goes too far, what type of injury and how long ago?
    Where you released full duty or with restrictions?

    10. The employer shall have the right to select the licensed treating physician, surgeon, chiropractic physician, or other health care provider; provided, however, that such physicians, surgeons or other health care providers shall offer only those services authorized within the scope of their licenses. For the purpose of this subsection, subsection 2 of section 287.030 shall not apply.
    https://revisor.mo.gov/main/OneSecti...ection=287.140

    Tony
    Care
    The Workers' Compensation Law gives the employer the right to select the health care providers for the injured worker. The employer usually delegates that right to the insurance company. This does not necessarily mean that the insurance company "directs" the medical care; the treating physician selected or "authorized" by the employer/insurer directs the medical care using his or her own independent medical judgment. However, the employer/insurer does have a qualified right to select or authorize a change in physician if the employer/insurer disagrees with the authorized treating physician.

    It is important to note that while the employer usually delegates the right to select the health care providers to the insurance company, it is the employer's right. Therefore, if the employer and the insurance company disagree on this matter, theemployer's wishes should prevail.

  5. #15
    Join Date
    Oct 1971
    Posts
    5,170

    Default Re: Can I Get a Doctor Second Opinion

    Again, I don't see the term "second opinion" in any of the above - it says "the treating physician selected or "authorized" by the employer/insurer "directs the medical care"
    That rule was meant to favor the employer in cases where a doctor refuses to release an employee to work, it's rare if ever where an employer sides with the employee.
    If your employer cooperates and request a change in physician, ask if you can choose - be careful, it may backfire, don't trust anyone.

    When you reach Maximum Medical Improvement (MMI) the carrier will send you to an Independent Medical Evaluation IME to have your disability rated, I assure you that quack won't be fare.
    He's hired to protect the carriers interest - it's called "Independent" because his opinion is independent of the treating doc's influence not because he's fare.

    The above says:
    The employer usually delegates that right to the insurance company. This does not necessarily mean that the insurance company "directs" the medical care; the treating physician selected or "authorized" by the employer/insurer directs the medical care using his or her own independent medical judgment. However, the employer/insurer does have a qualified right to select or authorize a change in physician if the employer/insurer disagrees with the authorized treating physician.

    Tony
    Last edited by tony; 06-15-2020 at 11:15 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.

  6. #16
    Join Date
    May 2020
    Posts
    10

    Default Re: Can I Get a Doctor Second Opinion

    I have a better understanding thank u, I am sure you are right.

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