Category Archives: Doctor

Tragic outcomes of mismanaged pain medication

Posted on December 6, 2011 by Rod Rehm

I found the comments by David DePaolo on an injured worker’s recent fentanyl overdose very interesting and thought provoking. A Pennsylvania court found the overdose compensable.

I recently recovered for the widow of a man who died from the side effects of long term pain medication usage. This type of tragic death should be covered by workers’ compensation and I applaud the Pennsylvania court for the reported decision. All the participants in the workers’ compensation system need to reflect on the role of long term drug use. This article focuses your attention.

Read DePaolo’s comments here: Pennsylvania Case of Back Pain and Another Tragic Outcome

13 Tips for How to Deal With A Difficult Doctor (Part 2)

Posted on December 5, 2011 by Roger Moore

Two weeks ago, I shared a post with some tips for workers’ compensation attorneys on how to deal with difficult doctors from my colleague Len Jernigan. In this follow-up post, I’ll share the remainder of Len’s ideas on how to take matters into your own hands when you are having trouble working with the doctor on your case. As with all medical matters, being an informed patient is at the core of these tops.

(8) Explain case procedure and why you are there.

Unfortunately, I had the experience of walking into a deposition once and the first question from the physician was “What’s going on here and what’s this got to do with me?” Just prior to a deposition is not the time to be answering this question. Some physicians have never had their depositions taken before and they are unnerved at the prospect. Explain the process and explain the necessity for medical testimony.

(9) Ease tensions.

Behind every physician-patient relationship there is the potential for a medical negligence claim. Ease that fear by Continue reading →

Social Security Disability: Get the evidence you need

Posted on November 3, 2011 by Roger Moore

Take the right steps to make sure this doesn’t happen to you!

Social Security Disability applicants sometimes have trouble getting the evidence needed to demonstrate that they have a disability.

PROBLEM 1: You haven’t had regular medical care because you don’t have health insurance.

Without regular medical care, it’s difficult to develop a relationship with a doctor that is strong enough that the doctor can complete a report on your health. Even if your disability is very real, proving it in Court can still be a hard thing to do. However, without medical insurance, most doctors won’t see a patient.

SOLUTION: In Nebraska there are some free clinics where you can be seen by a doctor even if you cannot afford to pay. To find a free clinic near you, contact your local health department. Anyone planning on applying for Social Security Disability should try to develop a relationship with a doctor by seeking regular medical care as often as possible.

PROBLEM 2: Many applicants don’t have the right kinds of conversations with their doctors about their disabilities.

Doctors are mainly concerned with your symptoms and how they can help you get well. They aren’t necessarily focused on the kinds of things they’ll need to know to help you with your Social Security Disability claim. To fill out a report for your claim, they’ll need to know exactly how much you can and cannot do. Continue reading →

Can I go to my family physician to treat me if I am injured on the job?

Posted on October 24, 2011 by Rod Rehm

In Iowa, your employer has the right to choose your medical care if they have approved your claim.

Many times the biggest conflict you may have after you are injured is what physician is going to treat you and will their bills be paid. Who has the right to control and decide what medical care you receive is different in every state. Can you go to your family physician? It depends on what State you were injured in.

In the State of Iowa, the employer has the right to choose your medical care if they have accepted and approved your claim for benefits. The employer must then provide medical care that is reasonably suited to treat your injury including the right to choose your surgeon.

The employer must then provide medical care that is reasonably suited to treat your injury, including the right to choose your surgeon.

At any time if the employer or insurance carrier denies your claim, or they simply say they are no longer authorizing any further medical care, you then have the right to choose any physician to treat you for your injuries.

If you are dissatisfied with your medical care at any time, you should discuss your dissatisfaction with your employer in an attempt to agree on the type of medical care you are receiving and with what physician is going to treat you. If you cannot reach an agreement, Continue reading →

When Do I Need an Attorney?

Posted on October 10, 2011 by Roger Moore

A good attorney will tell you if it makes sense to work with one.

Most of our clients are hesitant to hire an attorney. We’ll tell you right from the start if we think we can help you or not. However, there are some commons signs which we feel warrant having an attorney or at least consulting with one.

The insurance company tells you your claim is denied. This isn’t always clear, but if your medical bills aren’t being paid or you’re off work and not receiving temporary disability checks these are indications the claim may be denied.
The company is trying to pick your doctors for you. In Nebraska, you have the right to elect to have your family doctor treat you for your work injury. If the employer denies you this right it’s time to contact an attorney. Also, if the employer selects a non-treating doctor for an “Independent Medical Evaluation” this likely means they are trying to fight some aspect of your workers’ compensation benefits.
If a medical case manager or vocational specialist Continue reading →

Are fraud and misrepresentation claims the best way to enforce doctor choice for injured workers?

Posted on May 30, 2011 by Jon Rehm

A case out of Texas may provide injured workers to a way to enforce their state’s doctor choice laws. In Warneke v. Nabors Drilling USA, a Texas appellate court held that a workers’ fraud and misrepresentation case against his employer for lying about having workers compensation coverage was not barred by the exclusive remedy of the workers compensation statute because the fraud was separate from the work injury.

A workers compensation doctor choice fraud and misrepresentation claim would be difficult to prosecute, but as a fellow trial lawyer told me at a recent AAJ membership and PAC drive, if things were easy people wouldn’t need lawyers.

In Warneke, the employer lied when it told their injured employee that they did not have workers compensation insurance. The court said the fraud caused the plaintiff to incur unpaid medical bills as well as emotional damages from economic distress. Continue reading →

Physician choice crucial to work comp claimants

Posted on May 19, 2011 by Jon Rehm

I had this scenario arise at a deposition this morning:

My client is suffering from bi-lateral (both hands) carpal tunnel. So far her claim has been paid, but now she needs surgery. However she doesn’t want to have surgery because she has heard the surgeon has had bad results with others and she feels the doctor is too deferential to her employer — a major employer in a smallish community. Her current surgeon was referred to her by her family doctor.

Employers and insurers know doctor choice is important, which is why they often try to steer their injured workers towards doctor’s known to be friendly towards employers/insurers.

So is my client forced to chose between not treating her wrist injuries or being treated by a doctor she doesn’t trust? Continue reading →

Workers' Compensation Watch

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Category Archives: Doctor

Tragic outcomes of mismanaged pain medication

13 Tips for How to Deal With A Difficult Doctor (Part 2)

Can I go to my family physician to treat me if I am injured on the job?

When Do I Need an Attorney?

Are fraud and misrepresentation claims the best way to enforce doctor choice for injured workers?

Physician choice crucial to work comp claimants

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