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WC Third Shoulder Surgery Iowa

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  • WC Third Shoulder Surgery Iowa

    In May of 2008 my husband had surgery on his shoulder and elbow for injuries caused by a fall on ice at work. After the surgery his surgeon talked to me and said all went well and there were no surprises. My hubby then went through about 6 months of therapy and was still in quite a bit of pain in his shoulder. The elbow is a lot better. Just 3 weeks ago we were heading to the surgeon for his MMI rating. At that time his surgeon does several tests on my hubby and sees that he is still in pain while making certain motions. The dr. then says something about torn cartilage in the shoulder that has come unattached from the shoulder. The surgeon even gave us pictures of the tear taken on the same day of the first surgery. This was the first time we had ever heard about this cartlage issue. We have copies of all of his medical records as we have a lawyer who we supply those to. In the medical records is a report from an MRI technician who says there were no tears in the shoulder cartlage. So where did this tear come from? Our lawyer says it probably won't do any good to seek another opinion since that dr. will also be a wc dr. Now we wonder if the tear occured during the first surgery and that the surgeon himself caused it.

    What should we do? Continue w/out a second opinion or fight the 2nd shoulder surgery until a 2nd opinion can be found? If this dr. did cause the tear and is now trying to cover his butt, he shouldn't get away w/ it. My question is how can we prove the dr. is at fault? And...he sent my husband to 6 months of therapy knowing there was torn cartlage. Something does not smell right to me!
    Last edited by fedupwife; 12-30-2008, 12:13 PM.

  • #2
    Even in Iowa with the employer directing care there are ways for the employee to request another physician. From the work comp guide:

    The employer provides medical care reasonably suited to treat the employee’s injury, and has the right to choose the medical care. If the employee is dissatisfied with the care offered, the employee should discuss the problem with the employer or insurance carrier. In certain situations the employee may wish to request alternate care. If the employer, or insurance carrier, does not allow alternate care, the employee (through appropriate proceedings) may apply to the workers' compensation commissioner for alternate medical care. (85.27)

    If you think you won't get the answers you want from another appointed WC doctor request thru the WC Commissioner for alternate medical care.


    • #3
      Should my husband request this or should his lawyer?



      • #4
        Your husband requests it by completing this form:'


        • #5
          Very nice. So, while this is all happening will he still be entitled to wc weekly benefits? I just keep thinking that if we try to get another opinion from another dr. wc will turn on us in some way. We've had a fairly good experience w/ the dr's and the wc insurance company until now but have heard horror stories about other people's wc experiences. I don't want any part of that!


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