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  • Second opinion? Missouri

    My daughter, (25) works at an Assisted Living Facility. (ALF) She was exiting a room, and a client grabbed at her glasses. She twisted aside, and her knee went out. She was told which doctor to go to, and immediately had problems with him. She had problems with that particular Dr. ten years before with lack of communication on his part. For some reason he treats woman as if they are not worthy to explain anything to. I witnessed this in past dealings with him. He is known around town as Dr. DeDe. (Death and Destruction) He sent her to a therapist who was excellent, and the therapist was able to explain everything to her. She dislocated her knee, and required (according to the therapist) a long healing period.

    She was making excellent progress with her therapy, when the Dr. cleared her for work after two weeks, against the wishes of the therapist. Dr. DeDe refused to listen to my daughter saying she was still having trouble walking. She was constant communication with the insurance company, and filed a complaint against the Dr. They informed her that they never had a complaint against this Dr, and refused her request to get a second opinion..... Her boss informed her that since she was still limping, and using a cane, that my daughter was not able to be put on the schedule. When working with special needs clients a person MUST be able to have a full range of abilities.

    Besides a lawyer, what options does my daughter have? She has no money, and cannot afford to pay for a second opinion. Her boss has no choice but to follow the safety rules, and both my daughter and know that if a client falls down there is no way she can assist them.

    Ideas anyone?

  • #2
    I looked up Missouri worker comp since I am unfamiliar with it. According to this page, there is a dispute management unit to handle complaints when the employee doesn't like their treatment. Has she filed with them?


    http://www.labor.mo.gov/DWC/Injured_...octor_faqs.asp

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    • #3
      Originally posted by HRinMA View Post
      I looked up Missouri worker comp since I am unfamiliar with it. According to this page, there is a dispute management unit to handle complaints when the employee doesn't like their treatment. Has she filed with them?


      http://www.labor.mo.gov/DWC/Injured_...octor_faqs.asp
      She was not even informed that this was an option. Thank You!

      I will be forwarding this to her, and will give a follow up on this ASAP.

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      • #4
        Always glad to help another long time poster.

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        • #5
          She had such a hard time dealing with the insurance company, that she hired a local shark with a reputation of making the insurance companies pay. He will be sending her to a new Dr. to confirm her condition is still bad.

          She informed her boss today that she could not come back and endanger the clients with a clear conscience. Her boss told her that as soon as she is cleared, she has a job. Staff that the clients like is hard to find, and she was due to get her own house as a manager when she was injured. Their insurance contract is almost up, and I think that the company will be shopping for someone with a higher rating.

          Meanwhile I need to figure out how to cover her share of the rent.

          Family is always family, and one generation helps another.

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          • #6
            Update:

            Dr. DEDE's office is not sending the medical records to the lawyer. (He has a reputation of ignoring such requests. Small town.) Without them she is not able to get authorization to go see a second (real) physician. Suggestions please? She is close to the office of the "Dr" so she can ask for them. Is this appropriate?

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            • #7
              Not my area of expertise, but I generally do exactly what the law says when dealing with someone else's lawyer. No more. No less. Does the law require that the doctor give the lawyer documents? If so, then the lawyer has recourse through the courts if the employer fails to follow the law. If not, lawyers ask for many things which they are not legally entitled to. Only really stupid employers give documents to a hostile attorney that they are not legally required to.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                He is required to send medical records when given a release.

                I am trying to find how quickly he is supposed to send the information.

                The employer is not the problem, but their Dr is.
                Last edited by GotSmart; 11-02-2012, 08:37 PM.

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                • #9
                  I think it's a good idea for her to compile all of this info on the doctor doing this to people and see what she can get from other people too. Then send it all in and grieve the doctor. At best a black eye for his professional record.
                  I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                  Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                  I also may not have been either sane or sober when I wrote it down.
                  Don't worry, be happy.

                  http://www.rcfp.org/taping/index.html is a good resource!

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                  • #10
                    Update

                    Well today was supposed to be a hearing before a Judge. The insurance company canceled it, as there is supposed to be a deposition in JUNE! The insurance company is dragging their feet.

                    She has a lawyer, and he seems to be playing along to get a bigger pie at the end. Should we dump him so we can deal directly with the insurance company?

                    Any advice to jump start the process again?

                    We already have contacted the State Representative, and are waiting on a call back.

                    Meanwhile, no income, and no medical. Her leg is swelling, and has been since the insurance companies doctor saw her one month ago...... She is now unable to drive or stand longer than 5 minutes.
                    Last edited by GotSmart; 03-26-2013, 08:31 AM. Reason: Added information and question.

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                    • #11
                      If she isn't working because she can not work with the restrictions she has (cane, etc.) then she should be getting TTD. Has she formally requested it? If not, that should be the first thing her lawyer does. Insurance companies also can't just cancel hearings. They can ask for a continuance or drop issues, rendering a hearing unnecessary, but in the case of the former, they have to justify the reason and in the latter, it means they are no longer contesting.

                      There isn't much a state rep can do typically.

                      Your daughter needs to have a talk with the attorney about what is happening with her claim and what the strategy really is.
                      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                      • #12
                        Ellie, Can you send me a PM with everything spelled out please? I will C&P it to her, so she knows exactly what steps to take. The crazy part is, in MO, this is the hearing for WC continuance. Six months and dragging their feet. There are no penalties for an insurance company that pulls this garbage.
                        Last edited by GotSmart; 03-27-2013, 04:21 AM. Reason: spelling

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                        • #13
                          The problem is that Dr DeDe has said she can go to work. In the following months, two other Dr.s have said no. Most recently was a second opinion by the insurance company. (More than a month ago.) The insurance company is dragging its feet, and we are stuck in the middle.

                          What to do????

                          Please re read the thread to refresh the details.

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                          • #14
                            Is Dr. DeDe saying she can work full duty? It shouldn't really matter as if her employer will not allow her to return, she should be getting TTD. She/her attorney, needs to be requesting it. A letter to the IC is sufficient. He should also be filing issues for this. I have had it happen that a doctor (not one we select) says an employee can return when there is no way in Hades that is true. I have a light duty program here. Here she would just go on light duty. I'm not sure what her employer may offer but it never hurts to include that request in the letter. As she is represented, neither the employer nor IC should be speaking with her directly. Unless the attorney is realy putting up roadblocks, I would not go it alone, particularly if it is a contested case, but she does need to have a frank talk with the attorney and find out what he is doing and making sure he is working in her best interest. He works for her. There are some claimants attorneys who take on massive case loads and barely even know who their clients are let alone what needs to be done to support them. There are some that are really only interested in the high dollar cases and these small ones get last priority. There are many who are in it for the right reasons and are just looking for direction from the client. Until she meets with hers, she won't be able to assess the situation.
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                            Comment


                            • #15
                              Originally posted by ElleMD View Post
                              Is Dr. DeDe saying she can work full duty? It shouldn't really matter as if her employer will not allow her to return, she should be getting TTD. She/her attorney, needs to be requesting it. A letter to the IC is sufficient. He should also be filing issues for this. I have had it happen that a doctor (not one we select) says an employee can return when there is no way in Hades that is true. I have a light duty program here. Here she would just go on light duty. I'm not sure what her employer may offer but it never hurts to include that request in the letter. As she is represented, neither the employer nor IC should be speaking with her directly. Unless the attorney is realy putting up roadblocks, I would not go it alone, particularly if it is a contested case, but she does need to have a frank talk with the attorney and find out what he is doing and making sure he is working in her best interest. He works for her. There are some claimants attorneys who take on massive case loads and barely even know who their clients are let alone what needs to be done to support them. There are some that are really only interested in the high dollar cases and these small ones get last priority. There are many who are in it for the right reasons and are just looking for direction from the client. Until she meets with hers, she won't be able to assess the situation.
                              THANK YOU!

                              I printed this off, and handed it to my daughter. She is now composing a letter to her current ambulance chaser asking for action, as well as talking to new representation. It has been 7 months, and he has only spoken directly with her three times.

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