Heya fellas, been a while since I've logged on but something has been gaining some interest from me and wanted to get some input from people who have experienced this.
A quick run down, I'll try and be depictive as possible and if I miss something that might be pertinent throw it out there and I'll see if I have the info/answer. For simplicity sake, this persons name will be Bob.
Approximately three years ago Bob was injured at work. Bob was told by his employer that he had to go see DR. A (Yes, he is aware now that he could have gone to any Dr. of his choice). Bob went to go see Dr. A who told him he had a torn meniscus and needed surgery. Bob followed the proper procedures for what was required of his employer and worker's comp. Bob then had a partial meniscectomy performed. Then rated at 5% PPD. He went through rehabilitation, ect ect ect. There were no improvements from the surgery. Dr. A then suggested he needed a second meniscectomy. Bob went through with this a second time. Then rated 10% PPD. Again, no improvements were to come. Dr. A then told Bob he had to go back to work and that nothing could be done. Bob returned to work as required but got a second opinion from an unbiased Dr. B who then removed him from work. Dr. B suggested a complete meniscectomy but there would be a high probability that a complete knee replacement would be needed. Worker's comp along with Dr. A rejected Dr. B's analysis and recommendation. After several months and many other opinions a complete meniscectomy was allowed from worker's comp and Dr. B performed it on Bob. Then rated at 15% PPD As predicted, it did not help and a full knee replacement was needed and this is where the fun started. This is now approximately 18 months after injury.
Worker's comp denied that a knee replacement was needed. Bob decided to get an attorney to help with the headache and financial strain that this had been causing. To sum it up in short, it took 8-9 months going back and forth to get the knee replacement approved. This was then scheduled along with hearings for worker's comp. When the hearing approached the worker's comp attorney was in talks with Bobs attorney where worker's comp attorney conceded on all counts and admitted liability. With that being acknowledged, an agreement was written up and sent to worker's comp attorney to sign, surgery had been canceled since the payee of the surgery would change. Now the worker's comp attorney will not sign the agreement and states that there are other attorneys (WERC and DOC) that want other issues that are entirely separate from worker's comp to be settled prior to the worker's comp settlement to be finished. These are related to the injury but each are supposed to be resolved independently. Even Bobs attorney states that he has no experience in WERC or DOC claims because worker's comp claims are to be finished prior to those claims (It's my interpretation that WERC and DOC claims are dependent on the outcome of worker's comp. Processing them in reverse would have an adverse affect on Bob and what he is entitled to). Now they have to wait for the WERC/DOC/Work Comp attorneys to meet and make a decision (my first inclination on this is they're looking for the most cost effective way for them rather than proper procedure and to bully him)
This is a brief and basic run down of things. There have been a number of other things that have come up. Because the delays and neglect for a speedy resolution, Bob has had to pay monthly insurance premiums out of pocket for the last half year which is more than 4x my rent alone.
Now it's my belief that his attorney isn't being aggressive enough in pursuing the worker's comp issue to get it resolved prior to the other two claims. He get'll get paid either way and more if the three attorneys bully Bob into an agreement.
Any ideas or suggestions on the following?....
Ways to get the ball moving faster on the worker's comp.
Proving that worker's comp is being negligent or purposely making this process as slow as possible (approximately 3 years now).
Ways to get rid of an attorney, this is a contract with a set % rate. Professional misconduct? Or can that easily be defended against by blatant stupidity.
Other things to look for, ask about and to be definitively indicated in any agreement? Just anything in general I guess.
A quick run down, I'll try and be depictive as possible and if I miss something that might be pertinent throw it out there and I'll see if I have the info/answer. For simplicity sake, this persons name will be Bob.
Approximately three years ago Bob was injured at work. Bob was told by his employer that he had to go see DR. A (Yes, he is aware now that he could have gone to any Dr. of his choice). Bob went to go see Dr. A who told him he had a torn meniscus and needed surgery. Bob followed the proper procedures for what was required of his employer and worker's comp. Bob then had a partial meniscectomy performed. Then rated at 5% PPD. He went through rehabilitation, ect ect ect. There were no improvements from the surgery. Dr. A then suggested he needed a second meniscectomy. Bob went through with this a second time. Then rated 10% PPD. Again, no improvements were to come. Dr. A then told Bob he had to go back to work and that nothing could be done. Bob returned to work as required but got a second opinion from an unbiased Dr. B who then removed him from work. Dr. B suggested a complete meniscectomy but there would be a high probability that a complete knee replacement would be needed. Worker's comp along with Dr. A rejected Dr. B's analysis and recommendation. After several months and many other opinions a complete meniscectomy was allowed from worker's comp and Dr. B performed it on Bob. Then rated at 15% PPD As predicted, it did not help and a full knee replacement was needed and this is where the fun started. This is now approximately 18 months after injury.
Worker's comp denied that a knee replacement was needed. Bob decided to get an attorney to help with the headache and financial strain that this had been causing. To sum it up in short, it took 8-9 months going back and forth to get the knee replacement approved. This was then scheduled along with hearings for worker's comp. When the hearing approached the worker's comp attorney was in talks with Bobs attorney where worker's comp attorney conceded on all counts and admitted liability. With that being acknowledged, an agreement was written up and sent to worker's comp attorney to sign, surgery had been canceled since the payee of the surgery would change. Now the worker's comp attorney will not sign the agreement and states that there are other attorneys (WERC and DOC) that want other issues that are entirely separate from worker's comp to be settled prior to the worker's comp settlement to be finished. These are related to the injury but each are supposed to be resolved independently. Even Bobs attorney states that he has no experience in WERC or DOC claims because worker's comp claims are to be finished prior to those claims (It's my interpretation that WERC and DOC claims are dependent on the outcome of worker's comp. Processing them in reverse would have an adverse affect on Bob and what he is entitled to). Now they have to wait for the WERC/DOC/Work Comp attorneys to meet and make a decision (my first inclination on this is they're looking for the most cost effective way for them rather than proper procedure and to bully him)
This is a brief and basic run down of things. There have been a number of other things that have come up. Because the delays and neglect for a speedy resolution, Bob has had to pay monthly insurance premiums out of pocket for the last half year which is more than 4x my rent alone.
Now it's my belief that his attorney isn't being aggressive enough in pursuing the worker's comp issue to get it resolved prior to the other two claims. He get'll get paid either way and more if the three attorneys bully Bob into an agreement.
Any ideas or suggestions on the following?....
Ways to get the ball moving faster on the worker's comp.
Proving that worker's comp is being negligent or purposely making this process as slow as possible (approximately 3 years now).
Ways to get rid of an attorney, this is a contract with a set % rate. Professional misconduct? Or can that easily be defended against by blatant stupidity.
Other things to look for, ask about and to be definitively indicated in any agreement? Just anything in general I guess.