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Everything posted by rebeldawg36

  1. To answer MiddlePart first, I had a diagnosis prior to seeing a NP of a slipped disc and a referral to a neurologist. Because this is a work related injury, workers comp carrier decided that I needed to see their "doctor". This "doctor" turned out to be a Nurse Practitioner. The NP, under Tennessee Workers Comp laws, cannot make a Causation Opinion. Had the NP listened to the doctor's diagnosis and followed through with the referral, instead of trying to prove that he knew more than a doctor, state that my injury wasn't work related and that I do not need to see a neurologist and that this statement caused further medical treatment to be delayed. As PG1067 has explained, the wording makes a difference on how something is explained and perceived by someone. I have spoken with an attorney on this subject and have a consultation with him/her this afternoon.
  2. Before I ask my question, a little back ground. I'm currently in a workers comp case and was denied benefits because of what the NP diagnosed me with. I have, however, been correctly diagnosed and getting treatment. My question is this, can a Nurse Practitioner over ride a Doctor and the Doctors diagnosis and recommended referral? Also, the Doctor diagnosed me with a slipped disc. The NP diagnosed me with sciatica and scoliosis. Neither of which I actually have. Also, the NP did not order anything but xrays at his office to base his diagnosis on! It took me 25 days after seeing the NP to get in to see another physician, medication for the pain I'd been suffering with for over 3 months , new aches and pains from the misdiagnosis and finally got an MRI to confirm the original Doctors diagnosis of a slipped disc. Are the actions of the NP considered neglect or malpractice? I'm a little puzzled as to the 4 d's in a malpractice case.
  3. I don't know the paticular laws in your state. However, I'm going through a similar dilemma in Tennessee with a back injury. From my personal experience, you're going to have to seek medical treatment on your own. Couple of questions: Do you have Causation of Injury opinion? and Are you keeping your records of everything on a daily basis? Keeping adequate records and notes makes a difference when you file the a petition for Benefits yourself and should have an ombudsmen, or something similar, to help you handle your claim on your own. But, the million dollar question is, on the date of injury, did you fill out an accident form? Unless OSHA came out to the job site and investigated, its not going to be tough road to prove your injury is work related with out the report. I'd advise looking up the Texas workers comp code and reading up on the laws.
  4. Again, what STATE are you in? You can give all the details you want to and until you give the state, nobody can or will offer to help.
  5. Without knowing your specific State, nobody can give you more than generalized information. Need to be more specific in location. Also, because you're still able to work, not necessarily by choice but, because you haven't gotten a second opinion, makes a whole lot of difference in if you have a good case or nothing. I'm going through similar circumstances and have a little knowledge but really need your location to help!
  6. As I've just recently gone through a similar circumstance with a back injury, knowing you location will make a difference in what good advice you'll get. If you will tell us what state, you might get state specific answers,
  7. If your answer or remarks were pertinent to the questions asked, I would welcome them. However, you have not answered my questions! The reason that I needed the case law was not to quote them, but instead, to have a better understanding of the process and time frame of what is considered acceptable medical care. Due to the worker's comp carrier's attorney, I do not need this information. It appears from the record that he's more concerned with justice than he is with who is paying his bill. The reason I say this is because said attorney did not have to state in his position statement that a NP is NOT qualified to render a causation opinion and he further agreed that medical treatment had been "unnecessarily delayed"! I do not know if this was a slip or if said attorney is use to representing the injured instead of the carrier. This I cannot answer nor do I intend to try. However, i do think that if responses to specifically asked questions are kept on task, that there would be alot more communication from alot more members. Just my opinion!
  8. The EEOC complaint is simple. No need to waste money on something that is already proven. The reason given for the Right to Sue letter was because my former employer refused to try to settle. But thats beside the point. I asked 3 questions that have yet to be answered. Instead, the ones that have answered have insinuated that I'm lying, not telling the whole story or some other bs remark. I have yet to get a straight forward answer. BTW, I'm very law literate. Shocks me to see so many answers on "law" site that are so far off mark!
  9. While I'm usually down for a good debate, I don't think that I should have defend myself here. I came here to have a couple of questions answered. Not to be asked non pertinent questions and have non pertinent remarks made to my questions. For the first 2 months after my reported injury, my EMPLOYER refused to give me medical treatment. End of story! Criminal charges have now been filed against the Environmental Health and Safety manager for abuse of power. This is a felony in Tennessee! After finally seeking medical treatment on my own accord, on 2 different occasions, I was diagnosed with a slipped disc and referred to a specialist for an MRI and treatment. After scheduling an appointment through my insurance, i was contacted by the Case Manager and gave her my history on medical treatment and advised her of my forth coming appointment with the orthopedic surgeon. 2 days later, the case manager called me and advised me that this appointment was cancelled! This was not a workers comp appointment! 5 days later, the case worker said that my "employer" wanted me to see their doctor and emailed me the first panel of doctors. This is 2 and a half months after date of injury and 15 days after diagnosis of a slipped disc. I picked the closest provider to my home because of having a difficulty with driving, sitting, standing or walking. At the time, I was led to believe that I was seeing a licensed doctor instead of a NP. The NP was not concerned with my current condition. Instead, he wrote my problems that I was there to see him on were left knee and left shoulder. Neither condition I was there for. The NP ordered xrays, read them himself and diagnosed me with sciatica and scoliosis. He also tested me for rheumatoid arthritis. The NP said I could return to work immediately since non of my symptoms were work related. However, the NP scheduled me another appointment for 4 days later. On this visit, the NP again diagnosed me with sciatica and scoliosis, claimed that the causation was age and released me to full duty. When I tried to question the NP about him making a causation opinion, he became threatening, got in my face with his fist balled uo and told me to get the f*** out of his office! From this point, the workers comp carrier refused to offer me any more treatment saying that the NP was fully capable of rendering a causation opinion. On January 2, 2018, I saw my personal doctor and finally got the MRI on my lower back. Diagnosis is slipped, or herniated disc. The workers comp carrier then decided to have me see their doctor who agreed with the diagnosis but said the causation was age and was an aggravation of a 30 year old back injury. This is 3 and a half months after initial injury. No further treatment has been offered. Now, I filed a Petition for Benefit Determination and my former employer fired me 2 days after filing the Petition for Benefit Determination. I do believe that's called retaliation! I do believe that my questions of is this an acceptable practice of denying medical treatment and does anybody have any case law are plain, cut and dried questions. Every aspect of my case has been submitted to the mediator and his first concern was that Tennessee law requires a 51% or more causation opinion of injury being work related being met. When I filed the Petition for Benefit Determination, it was clear that I was NOT going to allow a NP to issue a Causation Opinion. If you remove the NP from the equation, as the mediator has stricken the NP's opinion from the record, there is a clear intent by the employer and workers comp carrier to deny me medical treatment. Everything stated above is documented with the Division of Workers Compensation Court and in the records filed in my case!
  10. Are you an attorney? You say you've handled thousands of claims but yet you refuse or cannot answer a simple question. So, here's another question for you, can a worker's comp carrier use a Nurse Practitioner to render a causation opinion? In the state of Tennessee, a nurse practitioner is NOT QUALIFIED TO MAKE A CAUSATION OPINION ! You say the mediator cannot "order" a settlement, this is partially true. When an injured worker has proved beyond a "preponderance of the law" that he has been denied medical treatment, he can and did state, and I quote, "if parties cannot reach an agreement to settle, I'll have no choice but to turn it over to the Workers Compensation Court "! End quote.
  11. As of yesterday, I received my right to sue from the EEOC. I have multiple grounds of discrimination based on the same information given above plus I was unjustly fired from my job 2 days after filing the Petition for Benefit Determination is not only retaliation and illegal on a state level, it proves discrimination on a Federal level also. My workers comp case is based on not getting medical treatment in a timely manner. I was injured on September 22, 2017, the Environmental Health and Safety manager for the next 2 months refused to allow me to go to the doctor. She went as far as to say, and I quote; "In my professional opinion the only thing the doctor is going to tell you to take ibprophen and to use bio freeze on your back", end quote. I do believe that that constitutes abuse of power by authority figure.
  12. Despite ElleMD guaranteeing that the entire story wasn't being told, all relevant facts have been told here. I will also say that the mediator assigned to my case has ordered my FORMER employer and workers comp carrier to settle or he's turning the case over to the workers comp courts. Also, I filed a discrimination complaint with the EEOC and found out that I have one hell of a discrimination suit against my former employer. It seems that because of my age and now disability from the work related injury, my former employer denying me medical treatment violated several Federal laws. Everything that I've stated in all my replies fromthe beginning can be backed up by documentation provided by either workers comp, my former employer, the case worker or treating physicians.
  13. The injury occurred when a lanyard attached to myself and the equipment that I was operating malfunctioned when I tried to bend over to place a box on a pallet causing something in my lower back to pop. The lanyard was supposed to have had a 6 feet reach before it stopped. The one that malfunctioned acted like a seat belt at about 3 feet and would catch 3 times in a row at the same spot.
  14. I've attempted to speak with the ombudsmen on several different occasions and each time I try to ask a question about any of the above, I'm told to call the mediator assigned to my case. The mediator has stated several times that I need to contact an attorney. He's explained to me that Tennessee law only allows an attorney to collect 20% of whatever is awarded and that most attorney's that did do workers comp cases are no longer doing them. By the way, the 17 I was referring to are the ones that contacted me back within 100 miles of my location.
  15. I guess that a 47 year old with no history of a back injury who suffers a back injury at work, reports injury immediately after the injury, denied medical treatment for 2 months, then seeks his own medical treatment, not once or twice in one week. Gets a diagnosis, MRI ordered,( through my personal insurance), workers comp the cancels said MRI, schedules appointment 19 days after last doctors visit and diagnosis with a "Nurse Practitioner ", ( which a NP is not allowed to treat workers comp cases in Tennessee), diagnosed by NP with sciatica, scoliosis and rheumatoid arthritis, (without any tests or imaging), then released to full duty when said 47 year old is unable to walk, sit, or stand without being in pain for more than 5 minutes max, threatened by said NP for questioning diagnosis, denied medical treatment again for 25 days is not a good case. I guess I should also state that the NP is currently under invrstigstion by the Tennessee Health Department Office of Investigation, TOSHA and the local County State Attorney's office. Also, I have had my insursnce pay for an emergency room visit, 2 doctors visits plus the MRI. Of course, since the MRI was delayed becsuse of the afore, it makes the MRI results inconclusive as to WHEN the injury occurred. With this new information, my questions are still the same: 1) is this an acceptable practice? 2) does anybody have any case law on this issue? All i have is a smartphone and no access to a law library! I've been unable to work for over 3 months and savings account is running low. No benefits have been paid!
  16. Ive contacted 17 workers comp attorneys who all say I've got a good case, just not something that they're interested in. That's why I posted this question to get a better understanding of workers comp laws in Tennessee. If i wanted a smartass answer I'd of gone to any other site offering legal advice.
  17. I have contacted the division of workers comp and I have filed a petition for determinationof benefits with them. Worker's comp has hired an attorney and hes trying to say that my treatment is standard procedure and even gave case law to back up his statements. I hurt my lower back at work on September 22,2017. I thought it was just a pulled muscle and declined medical treatment. The next week, my symptons worsened and I requested treatment. It was denied. A week later, after complaining every day, i was again denied medical treatment. The third and final time I requested medical treatment, i was told by the EHS Manager, and I quote, " in my professional opinion the only thing the doctor is going to do is tell you to continue to take ibprophen and to use bio freeze on your back " end quote! I complained every day and week until my back finally went out and I was rushed to the emergency room from my home because I was unable to walk.
  18. My question is simple, after an reported injury at work and request for medical treatment is made, is there a standard amount of time for treatment to be given? Also, approximately 2 months after initial injury, i had to seek medical treatment on my on. On 2 seperate occasions. After the 2nd treatment, i was diagnosed with a slipped disk and told I needed an MRI. I scheduled one through my personal insurance and it was CANCELLED by workers comp. Instead, 20 days after the 2nd emergency room visit, I saw a nurse practitioner. Then 4 days later I again saw this nurse practitioner. My question is, is this a normal practice for worker's comp insurance to make it difficult for the injured worker to receive benefits? Is this an acceptable practice? And Can I make a legitimate case for workers comp benefits because of the denial of timely medical treatment?
  19. Back in October or 2010, I went to a local Tennessee emergency room complaining of severe pain to my left foot. i explained to the triage person that the bottom of my foot was very sensitive, swollen and hurt. I was then shown to a exam room and a little while later, a doctor came in. i was asked several routine questions and then the doctor looked at my foot. he then ordered x-rays and left the room. I received the x-rays and a little while later the doctor came back in. He said that there was something on the x-ray and asked if any bones in my foot had ever been broken. I told him no. He then again looked at my foot and said that I had a form of tendonidice, not sure of spelling, and prescribed me vicatin and ibuprofen and told me to go home and keep my foot elevated for 7 days and if the problem persisted after then, to go see a foot specialist. Two days later, I was back in the same emergency room with my foot extremely swollen and could not walk on it. The triage person asked why i was there and I explained to him the above and told him that when I elevated my foot, it would swell and throb. I also told him that I wasn't there for any drugs but wanted to know why my foot hurt. I even showed him my prescription bottles that were almost full. I was immediately taken to an exam room and shortly there after, a different doctor came in than from my original visit. When he examined my foot, he told me that he was going to have to admit me to the hospital and have a foot specialist look at my foot. The rest of that evening is kind of a blur as I was constantly having blood drawn and having iv,'s put in. To make a long story shorter, i had to have surgery on my foot the following day because i had a large amount of infection in my foot and also had staff infection in my blood. I spent two and a half or 3 days in the hospital and had the surgery. My question is this, is the hospital and/or original doctor liable for malpractice since I was misdiagnosed and there was never any blood work performed? I suffered severe pain before and after the surgery, plus I lost 6 days work. One final note, the day after my original e.r. visit, someone called me from the hospital with concerns about my x-ray, ( i still have the message saved to my phone).
  20. How do I fire my Chapter 13 Bankruptcy Attorney for failing to adequately represent me. To be more specific, my current attorney has refused to file contempt charges against my former employer when the employer was with holding monies from my check that were not authorized by the court. My attorney also has failed to object to claims that are in clear violation of Tennessee State laws, Specifically, my former landlord failed to notify me of any damages within the 10 day period and then filed a claim for damages against my bankruptcy for almost $4000.00 and failed to return my security deposit as it was not placed in a seperate account as required by Tennessee Law. My attorney told me that I had no proof of this even though the claim that was filed was done 2 months after I moved out and I was never notified by my attorney.
  21. I used to work for a cable sub-contractor in Tennessee that has a custom and policy or deducting, what the company calls " charge backs and quality control violations" in which the employees are charged outragous fees for these so-called violation. The employees do not receive hourly pay, they receive what is known in the industry as "piece mill" or per piece. The employees are not provided with copies of what they get paid per item. What my question is, is it legal to with hold wages for these so-called violations of an unwritten company policy when the employees are not 1099 employees? If not, anyone know an attorney willing to file a class action lawsuit on this?
  22. Can a landlord just show up at your door at 8 pm and demand entry to inspect the property and try then threaten to enter when no one is home. This just happened in to me in Tennessee and the local police said this is a civil matter. It is my understanding of the landlord tenant act that the landlord must give at least 72 hours notice and that they just can't "show up" and demand entry. Also, can they show up when no one is home and enter the property to inspect it knowing that there are 3 dogs that WILL BITE?
  23. In Mississippi, there is in fact an traffic law which reads in part, " That no vehicle shall follow another vehicle closer than one car length for each 10 miles per hour the driver is driving". The only problem with this law is that there is no way to prove following to closely unless you were in fact following to closely or the officer was able to verify your speed and has a picture to verify that you were in fact following to closely. What was the posted speed limit and how close were you following?
  24. rebeldawg36


    It's according to what state you are in and if you are in a " No Fault " state. If you live in a no fault state like Florida, then neither party is at fault. BUT, this is the kicker, most states name the driver whom rearended the other driver as the person being at fault because of the following reasons: 1) following to closely and unable to avoid the accident. 2) failing to follow safe driving conditions. Now, since you say the other driver admitted fault, then your insurance company will send his insurance company any and all repair bills required to fix your vehicle. The main question here is "did the other driver have insurance and do you want to pursue the matter through a civil suit?"
  25. Contrary to popular belief, your Miranda Right's must be read at time of arrest. There are a few variations of this as some states don't believe that a person is considered under arrest when placed in the back of a patrol car and taken to the police station. The U.S. Supreme Court has ruled in numerous cases that a person sign a legal document stating that your Miranda Rights have been read to you and given you the option of declining or excepting your rights.
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