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Mariah
06-26-2005, 08:45 AM
TTD question (state of Kansas)

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I was injured last Oct. then fired from my job, saw doc the day of injury, then again in Nov.

Saw WC doc(a good guy) last Nov. he recommended treatment, WC never got back to him, saw him again in Dec. he said they still hadn't answered him (he's new to WC too and didn't realize he didn't have to have their permission for treatments) Told me at Dec appt. to come back for recheck in Jan. and he should have heard from them by then. At Dec appt they WC) told doc's staff and they relayed to me, WC said they would furnish no more treatment and if I wanted to see him in Jan. I'd have to self pay. Took till May to get preliminry hearing set. WC atty said they had no record of him saying I needed additional treatment(how convenient they had no paperwork to that effect) and that the doc had said I was at MMI( a lie of course) Judge said since I said the doc said I needed more treatment he was authorizing a followup with doc to see if he'd recommended add. treatment and said "Ins. co. and respondent shall provide exam and treatment, if necessary" Went back, saw doc, he gave me a paper that said, pt. is not at MMI and cannot return to work until re evaluated.
Have been getting treatment, and got pain meds, was allergic to them, went back, gave them to doc, he prescribed stronger ones, turned down by WC even though I have the court order! I don't know why my atty didn't produce the order for treatment from Nov at the preliminary. As we all know, they cut off the treatment so they could quit paying the TTD. Besides the doc saying pt is not at MMI he also gave me a paper that said, pt. has had persistant pain since injury. My atty says this is not good enough to ask for the TTD to be re- instated, however the Division of WC for the state of Kansas advisor I talked to says it is, and he's going to call my atty and ask him why he hasn't turned it in. The advisor says all the atty has to do is call the judge and tell him he has the recommendation for additional treatment from last Nov. Also 3 weeks ago when I was trying(with no success) to get my atty to answer, or return my phone calls, this Dept of Labor Div of WC. advisor called him and he flat out lied and told him I have the order for TTD right here it just came down from the judge. The advisor called me and told me, so naturally my hopes were up, then I called my lawyer and he said nope, so I called the advisor back to see if I'd misunderstood him and he said absoloutely NOT, that he'd specifically asked him, so you're telling me you got the order for this woman's money? and my atty had said yes! The labor advisor said my atty can call the judge and tell him he has the paper from the doc where he recommended treatment in Nov. and the judge should re-instate the TTD,(which they were paying after I was fired for the first two months till they refused to furnish anymore treatment) and besides that I don't understand why he can't also say they are violating this court order for treatment, this woman is in great pain and needs her medication! I need help, any comments or opinions will be greatly appreciated! Thanks
Mariah

LConnell
06-27-2005, 10:07 AM
It sounds like you have an issue with the follow-up by your attorney, rather than the TTD benefit. Am I reading this correctly?

If so, I would call the attorney and have a heart-to-heart with him. If he refuses to talk with you, send him a letter, letting him know that you have been trying to reach him, that he has not returned the calls and then list all of the issues. Ask him for assistance.

You may also wish to contact the state bar and ask them for teh steps to take should an attorney not represent you appropriately http://www.ksbar.org/

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