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Old 05-07-2008, 04:53 PM
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lefthanded lefthanded is offline
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lefthanded lefthanded is offline
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Join Date: Apr 2008
Location: Seattle area
Posts: 695
15 yr Member
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Sounds like they play rough in Arizona. In most states you are allowed a witness to be with you during an exam, and that would not include an adversary from the state! I would also see if you could find an insurance ombudsman for Arizona, or an advocate for w/c in your state. It may be time for an attorney, I hate to say, as it does not sound like you have been dealt with very fairly.

I have been trying to access Arizona comp information on line with very little success. The laws of AZ are totally weird compared to the states for which I have handled claims. I see little about exams and claimant rights. The first thing I would do is find out if it is true that you can not have your own choice of witness accompany you to the exam of own second opinion! Originally this witness was to be sure that nothing resembling impropriety occurred during an exam. Furthermore, in every single state for which I have worked the patient has the right to more information than it seems you are getting.

This is what I did find:
Quote:
The insurance carrier has the right to have an injured worker periodically examined by the doctor of its choice. The carrier may use the doctor’s opinion to change the status on a claim.

If the injured worker feels that he or she is being unfairly requested to attend this examination, a Motion for Protective Order may be filed with the ICA and an administrative law judge will decide whether the injured worker must attend the exam.

The carrier is required to pay travel expenses (mileage and living expenses) for these types of appointments.
Based on this I might file a motion for a protective order for observation by your own witness. And as for finding a neurologist, unfortunately you may have to rely on the yellow pages if your personal physician can not give you some names of good neurologists you would want to TREAT YOUR CONDITION. I always tried to choose a physician I would want to see for ongoing treatment if I had that injury, even when I was on the state/employer's payroll: I figured that a combination of karma and good practices should forbid anyone with a conscience from choosing one of the many IME docs known as "hired guns."

In addition, did your physician take you off work? If so, you should have received time loss benefits. If this is the case, you will likely need an attorney to secure those benefits, as apparently they are messing with you.

However, even with an allowed claim, not every condition which is causing you symptoms will necessarily be caused by your work injury, even if the symptoms are similar and they all occurred in the same time period. You could have many pre-existing conditions to the spine which would not be work related, with one that IS, making determinations difficult. Spine injuries are complex.

You do not say here how you injured yourself, and what exact injury is allowed. That might help. Also, I am confused if the "spine doctor" is yours or the state's. And finally, it sounds like you have had all sorts of diagnostic procedures performed, but no treatment or therapy . . . if this is true, you do have a beef with the AZ Industrial Insurance Commission. The basic reason for w/c laws was to insure that an injured worker actually received treatment at no expense for their injuries!

Unfortunately some states prefer to force all claimants to litigate for their basic benefits. It sounds like AZ might come close. . . .
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"Thanks for this!" says:
Jomar (05-07-2008)