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  • Need a Wa Ortho Who Will Accept California Post Op. case.

    Hi,

    Well here is my problem...

    I was injured at work in Dec. 2010, by the beginning of April 2011, I underwent
    emergency back surgery. After the surgery I saw my CA Ortho two times before
    moving to WA at the end of May 2011. Since then my previous employer (major
    US retailer) claims to be unable to locate a WA Ortho willing to take my out of
    state, post op case.

    It has now been 8 mo. since I have worked and over 3mo. since I have seen a
    doctor and have not done any post op. P.T.

    I am really stuck, I cannot go further in any respect until I see a Ortho, i.e.
    lawsuit, retraining, or possibly return to work. I have depleted my savings, and I
    am only receiving a $200 a mo. from CA Disability, Workman's Comp. has paid 0,
    because I was a seasonal worker.

    I feel as though I am being forced to settle, (most likely without medical care)
    which is a must because of life long consequences due to the severity of the
    injury and operation.

    I thank you for any help you may send my way.

  • #2
    I doubt this board can help you. Doctors do not troll the board looking for patients and the rules of the site forbid recommendations.
    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


    • #3
      Originally posted by ElleMD View Post
      I doubt this board can help you. Doctors do not troll the board looking for patients and the rules of the site forbid recommendations.
      Wow, now I know why there is'nt much activity on this board, with a answer like that ! Why not kick the poster in the head for asking a question. You won't see me here anymore, not that anyone really cares !

      Comment


      • #4
        Problems? Go see Hellen Wait, third door on your left.

        mysippy444
        Need a Wa Ortho Who Will Accept California Post Op. case.

        Hi,

        Well here is my problem...

        I was injured at work in Dec. 2010, by the beginning of April 2011, I underwent
        emergency back surgery. After the surgery I saw my CA Ortho two times before
        moving to WA at the end of May 2011. Since then my previous employer (major
        US retailer) claims to be unable to locate a WA Ortho willing to take my out of
        state, post op case.

        It has now been 8 mo. since I have worked and over 3mo. since I have seen a
        doctor and have not done any post op. P.T.

        I am really stuck, I cannot go further in any respect until I see a Ortho, i.e.
        lawsuit, retraining, or possibly return to work. I have depleted my savings, and I
        am only receiving a $200 a mo. from CA Disability, Workman's Comp. has paid 0,
        because I was a seasonal worker.

        I feel as though I am being forced to settle, (most likely without medical care)
        which is a must because of life long consequences due to the severity of the
        injury and operation.

        I thank you for any help you may send my way.
        ElleMD
        I doubt this board can help you. Doctors do not troll the board looking for patients and the rules of the site forbid recommendations

        While we may not have any Doctors trolling for dollars here on board,
        I’d be willing to bet you we DO have at least one or two ambulance chasers or a wanna be that may be lurking in the backround, and they can spot a pay check from a mile away.

        The problems I see are:
        You have lived in Washington state for three months, are you still collecting two hundred dollars a month disability from California?
        Why only two hundred a month? That's a rather odd amount, where is it coming from?
        If you have been a resident of the state Washington since the end of May, you may have been committing fraud, which is a felony, by establishing residency in one state and collecting benefits from another as of the first of June.
        Now, before you try and say are NOT a resident of Wa. good news, here are the important parts of the residency requirements for Wash. state.

        WAC 388-468-0005 Residency
        Subsections 1 through 4 applies to cash, the basic food program, and medical programs.
        A resident is a person who:
        Currently lives in Washington and intends to continue living here permanently or for an indefinite period of time; or
        Entered the state looking for a job; or
        Entered the state with a job commitment.
        A person does not need to live in the state for a specific period of time to be considered a resident. So, about being,
        forced to settle, (most likely without medical care)
        which is a must because of life long consequences due to the severity of the
        injury and operation.
        jump on it (carefully of course), and go see that Wa Ortho you so desperately need to see as a new patient, you’re covered! I’m sure you don’t want to be a burden on the tax payers of Wa. any longer than need be.
        And speaking of jumping,
        that move to Wa. must have been hell on your back, I mean just the ride alone must have been at least what, five or seven hours? not to mention all that carrying on and carrying stuff off, the lifting, and what have you, I bet you felt like road kill the next day.

        I am really stuck, I cannot go further in any respect until I see a Ortho, i.e.
        lawsuit, retraining, or possibly return to work.
        The part I get stuck on is the order of your priorities, a lawsuit at the top,
        and going back to work at the bottom.
        That might explain why no Doctor will see you.
        If they think there’s even the slightest hint of a possible work related lawsuit from a out of state patient, they would not touch you with a ten foot stethoscope.
        And you should know, your former employer sure isn’t going to bust their butts trying to find one for you.

        With the exception of the residency requirements, the above has been the expressing of an opinion on the subject of your problem and I harbor you no ill will,
        however,
        I don’t think I’ve been much help, but I don’t think that’s why I chimed in on your post.
        I have been known here to step in it, roll around in it, and then insert foot firmly in mouth, and if I am about to do so, my apologies,
        but something to me doesn’t smell quite right, maybe the cat box needs cleaning,
        but if it’s a lawsuit you intend to pursue with your former employer, I would urge you then to consult with an attorney.

        So in closing,
        the reason I have responded to your post is,
        I am of the opinion,
        mysippy 444, your cup, has more than a few holes in it.
        I wish you nothing but the best and,
        Good luck.

        ..___________________
        ~ Free advice is like a public defender,
        …you get what you pay for. ~ drr
        Every government interference in the economy consists of giving an unearned benefit,
        extorted by force,
        to some, at the expense of others.
        Last edited by drruthless; 09-05-2011, 02:35 AM.

        Comment


        • #5
          Das ist in der Doktor!

          Originally posted by marbillw View Post
          Wow, now I know why there is'nt much activity on this board, with a answer like that ! Why not kick the poster in the head for asking a question. You won't see me here anymore, not that anyone really cares !
          Oh, we care.
          But if that’s all you care to contribute,
          C Ya.

          ..________________
          ~ I deplore stupidity.
          I’m happy to admit to mine,
          and even happier,
          ... when I can point out yours.
          Last edited by drruthless; 09-03-2011, 07:55 AM.

          Comment


          • #6
            O.K. let me give you more information.

            Well to begin, let me say thank you to those of you that replied to my post. I may have needed to give you more details in the original post, I will do my best to fill in the gaps.

            First let me say, I do indeed have an attorney. We have both been working with my "employer's" case management nurse and the insurance carrier's agent, somewhat a "group" effort.

            My employment was part-time seasonal work. After my injury, I went to a recommended chiropractor at my own expense. I hesitated to report the injury as I wanted to be hired as a full time employee after the holiday's. As my pain increased, two of my 8 hr. shifts were cut back to 4hrs. at the recommendation of my chiro., thereafter I was never scheduled any more than 4 hours at a time. As I worsened I kept seeing the chiro, about 6 times over a 2mo. period. My visits with him did not help and I continued to worsen. He suggested seeing a MD, which I did the day after my last day of seasonal work. After my doctor examined me, he asked what had happened, after giving him the details he told me this was clearly a WC case and he would not treat me. He wrote me a referral stating just that and sent me straight back to my now, former employer.

            At the time I was covered by my former husbands insurance, he was most unhappy about our doctor's refusal to treat me, as he did not think I would receive the same quality of care. As instructed I filed the WC claim and began seeing the doctors WC provided me. Over the next 4 months my condition continued to worsen in all ways. My pain was constant and increasing in severity, I had lost most of my leg strength and was losing feeling and control throughout my groin area, I began limping and I could barley do that, it seemed at this rate I would be wheelchair bound in no time. I followed all of my doctors orders and had x-rays, a MRI, spinal injections, and physical therapy. Still worsening my WC ortho sent me straight to the hospital for emergency surgery. I do not know all the correct terms, but I left the hospital with 2 rods and 6 bolts fusing my spine together. After returning home and at the pleads of family members, I then retained an attorney.

            During the 2 mo. following the surgery I had 24/7 care from my daughter-in-law who had come from WA to care for me. She also packed and loaded my entire household and drove the majority of the way from CA to WA. Before leaving CA. I had 2 post op. visits with my ortho. She did not start me on any P.T as I had informed her of my move back to WA. That was over 3mo. ago, and the last medical care I have been given. Not to say the "group" has not tried to find me a doctor in WA. As far as I have been told the company nurse and insurance agent have been searching as well as myself and my attorney.

            I listed the events in a sequence of necessity and importance. Finding a new ortho, then lawsuit, then retraining and then possible return to work. As far as I know I have to see an ortho., for aftercare and determination of my abilities and limitations, I don't know what I should or should not do. Without post op. P.T., and instruction I don't know if I am at my best or least or in between. I do not want to cause further injury by making those decisions on my own. I listed the lawsuit next, in hopes of securing ongoing medical care, as my corrective surgery will no doubt be a life long issue. The lawsuit will also ask that I be retrained at a occupation that is now suitable for me. My entire career history (30+yrs.) has consisted of physically demanding work, and my education ended after one yr. and a half of college way back when.

            As far as the weird $200 a month from CA, I believe it is short term disability payment based on the few hrs. I was scheduled and able to work during the holiday season. I did not receive any money from them prior to my move, I informed them I was moving and gave them my new address while the papers were still in the works. They never even hinted that living in WA could be a problem. Apparently WC does not have to pay seasonal workers any weekly benefits after the end of the employment period.

            I posed my plight here, not in hopes that a doctor would be trolling for new patients or for the suggestion of a doctor's name. I did hope that someone may have been up against the same problem and/or have a suggestion as to a solution. I am not out to make a free buck here, nor have I accepted any monies with false intent. My hope is to resolve all of this so I may go on with some kind of viable life. A life that will let me fend for myself and my 11 yr.old son and not be dependent upon anyone. I have raised one child on my own, even without the $57,000 back child support due me, in which I never saw a cent. I know what it takes to live and raise a family and $200 a mo. is not going to do it. I do need to be healthy enough and trained for a job that will enable me to do just that.

            I have now been out of and unable to work for the past 7 mo. I have depleted all of my of my savings (I moved to make it last longer). I am now selling my personal possessions to pay the rent and bills. Keeping a roof over our heads is why I am feeling the pressure to settle, especially without knowing my current medical status. Doing so would most certainly put an unnecessary "hole in my cup" as you put it.

            So there it is...the inability to find a doctor that will treat me, is stopping any moving forward.

            As before, thank you all for any suggestions or advice you may give me.
            Last edited by mysippy444; 09-06-2011, 08:25 PM. Reason: additional info

            Comment


            • #7
              You have an attorney already.

              It would actually be irresponsible for us to second guess your attorney, who is intimately familiar with your case.

              You need to be discussing your issues with him/her.

              If you wish to compare notes with other patients or discuss other emotional support issues, I'm sure there are forums out there to help you.

              Good luck

              Comment


              • #8
                I must have missed something!

                Please correct me if I am wrong...

                This website is called Labor Law Talk.
                Labor Law Talk has many forums about labor laws.
                One of it's forums is entitled Employment Law.
                The employment law forum has a subsection or related topic entitled Workers Compensation Laws, which is described word for word as,
                Topics, comments, and suggestions on Unemployment and Workers' Compensation.

                Considering the given description, I thought I had chosen a good place to post.
                Did I overlook a rule saying you may not seek discussion, if one has obtained legal counsel? My attorney is in CA, and is as frustrated as I am regarding this matter. I do not recall asking anyone to second guess him.

                Frankly, I do not know who you people are that have been responding to this thread. With the exception of "marbillw" my guess is that you are a bunch of snot nosed law students giving off the cuff replies like " Problems? Go see Hellen Wait, third door on your left."

                Or responding with meaningless, mindless quotes and statements such as " Free advice is like a public defender, …you get what you pay for." and "Every government interference in the economy consists of giving an unearned benefit, extorted by force, to some, at the expense of others." and lets not leave out " I deplore stupidity. I’m happy to admit to mine, and even happier,... when I can point out yours.

                Or perhaps you are just trying to come up with a politically correct, pass the buck response such as. "It would actually be irresponsible for us to second guess your attorney, who is intimately familiar with your case."

                One responder so full of judgement went so far as to bash my integrity, and attempted to poke holes in every statement I had made. He/she went on to imply all kinds of wrong doing on my part. Quote, "but something to me doesn’t smell quite right, maybe the cat box needs cleaning" and "the reason I have responded to your post is, I am of the opinion, mysippy 444, your cup, has more than a few holes in it."

                To my disappointment, this forum has been an utter waste of time. I really hoped for a solid suggestion or great piece of advice that I could consider and possibly utilize.

                In closing, if my guess is right and you are law students. If this has been an example of how you will practice law or conduct yourselves in any situation, I pray that I, nor anyone I know, will ever require your service .

                Comment


                • #9
                  The problem is, a message board CANNOT provide a doctor to treat you. We do not provide referrals even for attorneys and this is a legal board; we have no references for doctors - we are not a medical board. You are asking for something that we cannot provide (and would not provide even if we could). And even if we could and would give you names, we have no power to force that doctor to treat you.

                  This board is here to provide general, legal information. We cannot (and I mean cannot in the sense that it would be illegal if we did) provide specific legal advice. Therefore, when someone already has an attorney, the tendency is to leave any further questions to him. HE can provide advice specific to your situation. WE cannot.

                  I do not think anyone here is a law student. Some are attorneys, some are lay people with experience in the various areas of law.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Yes,I am afraid you have
                    missed something.
                    It the risk of what you’re likely to take as another bashing,
                    our position CAN NOT change.
                    The rules of the site forbid recommendations
                    That means, if we were to make any recommendations as to Doctors or an Attorney for that matter, a moderator would come along and delete them so fast your head would spin.

                    We are not law students, we are volunteers who base
                    our advice, on personal experiences or the experiences of others.
                    'Opinions', are thrown in at no extra charge.
                    In short, most of us have,
                    been there,
                    or done that,
                    at one time or another.

                    And for future reference,
                    if you leave any room for doubt.
                    Expect it.
                    And, I would have to agree with you,
                    coming here any further and expecting results other than what you have already received, would be a waste of your time, and ours.
                    Sorry.
                    ..__________________
                    ~ Free advice is like a public defender,
                    …you get what you pay for. ~ drr

                    Comment


                    • #11
                      Out of state Dr are not required to accept Calif WC reimbursement. That is your basic problem finding one to take you as a patient.
                      As such, the carrier is requried to bring you back to Calif for medically necessary treatment. You must have one PTP/Primary Treating Physician to handle the medical in your claim. If that means the prior DR/PTP, or one stradling the OR/CA border... thats fine.
                      After my injury, I went to a recommended chiropractor at my own expense. I hesitated to report the injury as I wanted to be hired as a full time employee after the holiday's.
                      You didn't describe your injury.. doesn't matter. When you are injured at work, the law requires you report the injury to your employER, by filing a DWC PR-2 form...First Report of Inujry....it is not for the IW to control the claim, but the right of the ER/IC. The Dr's treating IW's are not substandard, nor is the care. You have complicated the claim from the onset by treating outside the WC arena, if you have out of pocket costs, you may or may not be reimbursed, and the ins you used is likely to place a lien on your claim.
                      Once you tell a Dr the services you seek are due to a work related injury, it is against the law for them to bill you or another IC.

                      As far as the weird $200 a month from CA, I believe it is short term disability payment based on the few hrs. I was scheduled and able to work during the holiday season. I did not receive any money from them prior to my move, I informed them I was moving and gave them my new address while the papers were still in the works. They never even hinted that living in WA could be a problem. Apparently WC does not have to pay seasonal workers any weekly benefits after the end of the employment period.
                      You still have not said where the $200/mo disability benefits are being paid... a private STD policy or the State of Calif/EDD. That could make a difference here.
                      My hope is to resolve all of this so I may go on with some kind of viable life. A life that will let me fend for myself and my 11 yr.old son and not be dependent upon anyone. I have raised one child on my own, even without the $57,000 back child support due me, in which I never saw a cent. I know what it takes to live and raise a family and $200 a mo. is not going to do it. I do need to be healthy enough and trained for a job that will enable me to do just that.
                      Filing the claim for WC benefits is your exclusive remedy for a work injury, meaning, you are not going to "sue" anyone here, unless there is a 3rd party holding liability, ie. defective equip causing your injury.
                      Calif WC no longer provides for VR services...once you are declard MMI and rated for PD/WPI, you may be eligible for a SJDV/Supplemental Job Displacement Voucher, these are based on the % of your rating and range from $4000 to $10.000, Info is here http://www.dir.ca.gov/dwc/rrtw.html
                      The voucher can be used out of state, but you would pay out of pocket for any retraining services, and submit the bills for reimbursement. The SJDV actually has no cash value.

                      Permenant Disability Indemnity benefits are also based on your rating. PD Fact sheet here http://www.dir.ca.gov/dwc/FactSheets/FactSheet_D.pdf
                      Other Fact Sheets for IW is here http://www.dir.ca.gov/dwc/iwguides.html
                      ng the 2 mo. following the surgery I had 24/7 care from my daughter-in-law who had come from WA to care for me.
                      Talk to your atty, those care hours may be paid to you as benefits, or directly to your daugher in law.
                      I have now been out of and unable to work for the past 7 mo. I have depleted all of my of my savings (I moved to make it last longer). I am now selling my personal possessions to pay the rent and bills. Keeping a roof over our heads is why I am feeling the pressure to settle, especially without knowing my current medical status
                      How are you being pressured to settle, have you had cash offer to close the claim?
                      There is no way to tell what the potential indemnity weeks are until you have been rated.
                      In a comp claim, the ER/IC continues to carry liability for reasonable medically necessary medical care for life. IF you were to close this claim by a cash lump sum payment, you will not be paid enough money to cover the potential cost of your medical care. Based on your info here...you are likey to require at least one, possibly two more surgeries. Low back surgeries carry one of the highest failure rates. You cannot use other heatlh ins to pay for treatment to your injury.

                      It's understandable you would be frustrated, and relocate for financial reasons, but moving out of state prior to completion of treatment is always difficult, and for obvious reasons... IW moving to OR find an extreme aversion on the part of providers to accept Calif WC.
                      To my disappointment, this forum has been an utter waste of time. I really hoped for a solid suggestion or great piece of advice that I could consider and possibly utilize.

                      In closing, if my guess is right and you are law students. If this has been an example of how you will practice law or conduct yourselves in any situation, I pray that I, nor anyone I know, will ever require your service .
                      You have received the best "legal" advice you could get...listen to your attorney, who knows Calif WC statues, has your file and is familiar with the issues you are facing. There is no message board where you can get legal advice specific to your claim or situation as no one here has the file. Responses here are based solely on the info you provide.

                      The responders here are for the most part long term professionals in their field... it is disengenious for you to assume otherwise.
                      While it is not necessary for the responders here to provide their "curriclum vitae"... I an a "CAIW" Calif Injured Worker just like you... since 1994 in fact.
                      It will help if you spend some time using the links above and become familiar with the benefits WC provides, and possibly more important what is not covered in a comp claim. Benefits are severely limited, and may be subject to litigation when there is a disputed medical issue.

                      Please talk to your attorney.

                      Comment

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