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Question about judge's order
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01-23-2009, 06:21 PM
(This post was last modified: 01-23-2009 09:09 PM by Bummer Knees.)
Post: #1
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Question about judge's order
I am from the state of Kansas.
My injury was 2005, I've had 2 knee surgerys and 1 total knee replacement. Treatment has been requested for carpal tunnel, my back, and the right knee. I received the judge's order in the mail today per this request. Here is what it says: Administrative Law Judge pursuant to KSA 44-516 appoints DR. XXX as a neutral physican to examine and evaluate Claimant's right knee, right upper extremity, and back. To make treatment recmmendation, if any. If no treatment is recommended, Dr. XXX is to offer rating and restrictions. I do have a couple of questions about this order. Have my injuries, carpal tunnel & back been accepted? The right knee I previously had meniscus surgery (A wc injury) since the replacement of the left knee I have started having problems with the right knee. My other question is; the orthopedic surgeon doing the IME does not do backs or joint replacements. He refers patients needing these services to other surgeons. This information came from Dr. XXX office. Two of my injuries are not his area of speciality. Can I request another doctor? Thank you Bummer Knees |
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01-23-2009, 06:46 PM
(This post was last modified: 01-23-2009 06:49 PM by 1171.)
Post: #2
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RE: Question about judge's order
my opinion:
1. it doesn't say but you should be able to ask the doctor to put their opinion on the issue in the report. 2. sounds like this choice of doctors was not yours in the first place and it'll be up to the judge to change their choice. |
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01-24-2009, 02:44 PM
Post: #3
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RE: Question about judge's order
Thank you 1171.
From my understanding the doctor being an ortho qualifies to do the IME. What is your take on this part of the Judge's Order? Administrative Law Judge pursuant to KSA 44-516 appoints DR. XXX as a neutral physican to examine and evaluate Claimant's right knee, right upper extremity, and back. To make treatment recmmendation, if any. If no treatment is recommended, Dr. XXX is to offer rating and restrictions. |
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01-24-2009, 02:53 PM
Post: #4
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RE: Question about judge's order
Bummer, Please check with Your Attorney about this, but if the Judge is Ordering an Ortho. Dr. to give an Independent Exam, (Here in Pa., after all of the IME's, what is being done to You is an IRE, Independent Ratings Exam), You should be able to get a Neuro. Dr. of Your Choice to also Review You and Your Injuries, and add that as Evidence. I'm Sorry I keep saying here in Pa., but We can do that, and the Dr.'s are then Deposed by both Attorney's, and the Judge Decides which Dr. is More Credible and the Case proceeds from there. But again Please check with Your Attorney, but You should have some Course of Action You can Use! Best of Luck!!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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01-24-2009, 03:08 PM
Post: #5
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RE: Question about judge's order
I am interpreting it the same way. Sounds like an IR.
God is never late. In the end it doesn't matter how many years were in your life but how much life was in your years. |
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01-24-2009, 04:48 PM
(This post was last modified: 01-24-2009 04:48 PM by 1171.)
Post: #6
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RE: Question about judge's order
it seems very clear to me: examine and
1)offer opinion on treatment if it's needed else 2) give impairment factors. which part is confusing you? |
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01-24-2009, 06:45 PM
(This post was last modified: 01-24-2009 10:10 PM by Bummer Knees.)
Post: #7
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RE: Question about judge's order
The confusing part is not know if the back, carpal tunnel & knee will be added to the claim.
Been having lot of medical problems related to the back with mobility issues. |
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01-25-2009, 09:50 AM
Post: #8
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RE: Question about judge's order
Bummer ... my interpretation is that is the purpose of the exam to see if treatment is needed for those parts and if so supply it and if not rate you. Isn't there something else you posted that said the back, knee and carpal tunnel were accepted? I just can't remember. If so that's your answer, if not this exam, since it 's being done by a court appt. Dr., will be the deciding factor for the Judge. I saw a spine specialist, an ortho who specialized in shoulders and a PM Dr. for the knee and ankle. The Dr. who did my IR was an Ortho without a speciality. He was court appt. Did I help clear things up a little.??
Capricorn God is never late. In the end it doesn't matter how many years were in your life but how much life was in your years. |
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01-25-2009, 10:47 AM
Post: #9
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RE: Question about judge's order
I Agree with Cap. on this One Bummer! This is actually a Good Thing, for the Judge to want the Back Checked out to See if it's Work Related, and if any Medical is needed for that Area! But Please Speak to Your Attorney about what I Posted on My other Reply, Better Safe and Prepared!!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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01-25-2009, 10:54 AM
Post: #10
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RE: Question about judge's order
Cap
I had an IME at the insurance company's request in December. Their doctor said the back was due to the altered gait, as a result of the knee injury. Then the doctor went on to say treatment in the past had not been of benifit to me so no future treatment is needed. I had surgery on the right knee in 07, this was included in the claim. Been having trouble with it since the surgery. All I want is to have it checked-out. Had one doctor tell me I need a knee replacement of ths. The joint replacement doctor treating my other knee tells me I need an MRI done of that knee. I had a EMG on the right hand & it showed mild/moderate carpal tunnel. The carpal tunnel has been linked to long term use of the cane. |
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