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Doctor dropped my claim
04-08-2008, 07:49 PM
Post: #1
Doctor dropped my claim
Hi, I am new to this so bear wiith me. I injured my middle back at a job I had about 5 years ago. My boss was a real pain, and would not let anyone file a work comp claim. He prefered to pay for my treatment out of his pocket. I was denied a tens unit that was recomended by my cyropractor because of his actions. All his other employees were treated the same. If you wen't against his wishes you were on his s--t list. I was only 19 at the time and very uneducated on workmans comp. Since then I have come to the understanding that this is not legal to do. I quit working for him and found a new job. At my new job as a steel worker/welder I reinjured my back in the same location. I filed a comp claim through them and was seen by a medical doctor, all though all I accomplished with him was arguing about a referal to a specialist. Oh, and he gave me multiple pain shots, which did nothing but make me sick. I was seen by this cyropractor 3 times he said I had a rib out, and needed some spinal adjustments. After my 3rd visit he asked me if I was feeling better, and I told him yes right now I do feel better but not 100%. I quit seeing him for about 3 months, took a new job as a Maint. Mgr. About 3 months ago I injured the same area of my back. I went back to the cyropractor to have him look at me, only to find out that he closed my work comp case. I am now forced to pay for every Apt. out of my own pocket, as well as the surgury I real think is eventually going to have to happen to cure this problem. My big question is did he have the right to close my case without my pirmision? I would really like to see a specialist for this and get it taken care of. I am sick of the pain, and sick of doctors, and cyropractors. I keep telling myself that I should get and attourney and go after my fist boss that wouldn't let me file a claim in the first place. Please help if you can, any sugestions would be greatly appreciated.
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04-08-2008, 09:27 PM
Post: #2
RE: Doctor dropped my claim
You're going to have to post your state as W/C is state specific. You can also go to the top of the page,find your state and do some research to get you started.

DH had posterior spinal decompresion, Bi-Lateral laminectomy L3-S1, Excision of L4-5 on L/side. 2/07
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04-08-2008, 09:46 PM (This post was last modified: 04-08-2008 10:03 PM by wheels.)
Post: #3
Wink RE: Doctor dropped my claim
Hello and welcome to the board. I am sorry that you have had to got through all of this and at such a young age. You have several different situations going on and I would highly recommend that you contact a lawyer. Mainly because your case is not cut and dry and also, the 1st meeting is usually free of charge, and you can tell the lawyer your perdictament and see what she thinks you should do. Also, in my opinion, I got a whole lot more sucess once I got a lawyer. I had no idea, how much W/C was not telling me and they were making my life even harder than it was to begin with.

In my opinion, I have never heard of a Dr. closing a w/c case. Now, he may have discharged you and ended your case with him as a Dr.. Once a Dr. doesn't see you for a long period of time, its possible that he may have closed your file with his office. On the other side of that, if your 2nd employer accepted your w/c claim, you can request that they re-open your case. You would need to get a hold of your case worker. They may give you a hard time and it may have to be taken to court, but my understanding, at least in VA, that w/c has to continue to help you, if it is the same injury and if you have not settled to close your medical expenses. This may be where a lawyer would be handy.

As for your first employer, and this is my opinion, it seems to me that since you did not file with the state, even though your boss took advantage of you, it would be hard to make him now pay for your injury.

I am sure others will be here shortly with more knowledge, rather than just opinions. Also, if you have not already done so, go tot he top of this page and click on your state specific information. The more you learn about your states laws, the farther you will get with W/C.

Good luck!
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