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Workman's Comp in Oklahoma

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  • Workman's Comp in Oklahoma

    I have now had two surgeries on my right knee and the WC Court in OK has stated that I need to have a 3rd. as per the Court appointed Physician that examined me.

    At this time it has been almost a year and nothing is happening, except that I am sitting on my posterior at home and unable to do anything of consequence. I am without a WC physician and have had to go to my personal physician for any type of pain medication, paid out of my own pocket of course.

    Since this has limited my daily duties, honey-do's and such, and with the constant pain associated with the condition, I was wondering if this, would enhance my case for pain and suffering, since the insurance company will not get off their dead *** and set up the surgery date for this condition.

    The court appointed physician has stated that I will have permanent disability even after the surgery that is to be scheduled in the future because of the injury.

    I have come to the conclusion that I will just accept the WC payments for the present and wait to have the surgery in the future.

    I just wanted an opinion on this at this time.


  • #2
    Your medications should be covered by WC, if it is WC related. I would request a sheet to fill out to be reimbursed for this. I would also contact a workers comp attorney, that may speed things up.


    • #3

      In Oklahoma, with a case such as yours, you will need an attorney. Plenty of them to be found in the yellow pages. Lots of advertisments for there services on TV.


      • #4
        Have you called the WC carrier to see about the surgery? It would be unusual for the insurance company to make the appointment. It is almost always the injured worker who makes those arrangements. Perhaps, they are waiting on you. I'd give them a call and see what the deal is.

        I'm not sure how you are "without a WC physician". What happened to whomever you were treating with?

        There is no such thing as pain and suffering compensation under WC. It does not exist. You would receive TTD until you are at maximum medical improvement or return to work. Then, if there are permanent restrictions, you would qualify for permanent partial disability. This is based on a formula set by statute.
        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.


        • #5
          Have Attorney

          I have an attorney and he is in contact with the insurance company's attorney...Don't ya just luv it.... and they send letters and such to each other and have some sort of contact with the insurance adjuster in the case. So far they pay the weekly amount that is due, well most of the time. They skipped a whole three weeks of payments, bookkeeping error and made that up, have missed one check in the last month with no response and no check and have paid no mileage at all.

          The court has stated that I will have the surgery, but nothing has been finalized. I had a second opinion by a court appointed Independent Medical Exam doctor and he had MRI's done and stated that I should have another surgery, but that it where it hangs now as he is not my physician of record, yet.

          I have no physician, the one that performed the prior two surgeries, is no longer my physician of record and there has not been one appointed by the carrier or the court as of this date.

          The two prior surgeries were performed by the doctor that the insurance carrier stated they would like to use in the case and I approved him as he was one of the premier surgeons in the area. Then the carrier wanted a second opinion on the last diagnosis by the surgeon (their pick....LOL) and now the Independent Medical Examiner agrees with the diagnosis of the first. (Go figure, right?)

          Since they 'UPDATED' and changed the WC laws in Oklahoma, things have really slowed down, according to many that I have spoken with, and according to my attorney. So, at this time I just sit at home and draw the money and wait....could be worse I guess, but I just want the pain to leave and be able to get on with it.

          What is really sucking is that when I go back to work I will have missed the opportunity for employee evaluation for a raise, as they cannot evaluate me for the raise, they do this annually for all technicians, since I have nothing to evaluate....not working now. Life is an interesting trip.
          Last edited by Badbuck; 09-21-2006, 10:02 AM.


          • #6
            Since you are represented, the insurance company will need to speak with your attorney and not you. That is standard protocol whenever a person hires a lawyer. That person becomes their representative and communications are to go through that person. It is what you hired them for.

            I'd be on the phone to the lawyer then to discuss the hold up. It doesn't make sense that the insurance company would put off getting you set up as it increases their costs the longer they wait. There is almost always a set time frame to carry out anything ordered by the Commission (what you refer to as the WC court).
            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.


            • #7
              I understand your pain. Even though I now live in Oklahoma my work comp claim originates in another state. So the laws of that state are what governs my case and treatment. Try explaining that to an Oklahoma medical provider.
              For those that aren't in Oklahoma just about everything here is governed by
              the Workers Compensation Court. Very different from a board or commission.
              That's why things move at such a snails pace. Keep on top of your attorney.
              My buddy gave up on the phone calls and now he's goes down in person to his attornies office and pesters the crap out of them.