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Workers' Comp vs the Little Guy

Updated on December 16, 2017
PegCole17 profile image

Peg Cole served as caregiver and patient advocate for family members during the last decade.

Back injuries happen when you least expect them.
Back injuries happen when you least expect them. | Source

Injury On The Job

The idea of workers' comp might bring images of lawyers and insurance companies fighting for the little guy injured on the job. But that's not the case for this guy who battled the system for over two years trying to get approval for surgery.

This worker, who manages a full time job despite agonizing back pain, is fighting a battle for his future health as the disks in his spine deteriorate. The burden of proof is on him as he faces the insurance company whose resources include "pocket doctors" and high paid attorneys.

They always seem to come from physical therapy right after the meal is served.
They always seem to come from physical therapy right after the meal is served. | Source

Red Tape and Delays

Ten years after this employee was injured on the job, his level of pain not only returned, it became intolerable. He went back to the doctor who originally treated him with a Discectomy, a minimally invasive procedure that removes excess disk material pressing against spinal nerves. He was told that in order to receive additional treatment he would need to reopen the original Workers' Compensation claim.

Twelve more months passed trying to get Workers' Compensation to approve the additional surgery that the orthopedic doctor now recommends. During this time, the Workers' Comp required him to complete a battery of less invasive procedures including psychological and neurological testing along with painful physical therapy before they will consider him for lumbar fusion back surgery.

Their "Work Hardening Program," designed to increase the worker's ability to return to work, would require the injured worker to quit his full-time job. Worker's Compensation eventually let him to skip this requirement. Their one-size-fits-all program didn't fit here.

Model Illustrating Single Level Spinal Fusion

Doctor's model of one level fusion surgery with screws and pedicles.
Doctor's model of one level fusion surgery with screws and pedicles.

Contested Case Hearing

Following months of postponement and delays, denials by Peer Review Specialists and ineffective substitute treatments including referral to a Pain Management Specialist (Narcotics dispenser), the worker got a notice that a Contested Case Hearing (CCH) was scheduled for the end of January, a full year after reactivating the original claim.

At a meeting with the assigned Ombudsman he was told he will likely lose this case. Is the surgery necessary? Yes. Will they approve it? Probably not.

"An Ombudsman is an Office of Injured Employee Counsel employee who has a workers' compensation adjuster's license. The Ombudsman assists unrepresented injured employees when there is a problem or dispute in their workers' compensation claims that cannot be easily resolved."

— Office of Injured Employee Counsel, Publication 448.4E 8/08

Physical Therapy and Rehab

Rehabilitation hospital for physical therapy.
Rehabilitation hospital for physical therapy.

Texas Labor Code Chapter 4

"To provide timely, appropriate, and high-quality medical care supporting restoration of the injured employee's physical condition and earning capacity"

Finding an Attorney

Finding an attorney to represent the case has been impossible because of the way the law is written to protect the victim from fraudulent counsel. No attorney will take the case since there's no money involved in providing the medical treatment he requires. Though he is willing to pay an attorney, the law prohibits this.

At least a dozen attorneys contacted claim they are prohibited by law from taking the case and receiving compensation from us. Their monies are required to come from the insurance claim. He needs medical treatment and the salary compensation funds have long since dried up from years ago.

Liberty Mutual Insurance and the ODG

Liberty Mutual Insurance, staffed with an abundance of attorneys, assigned a lawyer to represent them at the Contested Case Hearing, to refute the necessity of surgery. The objective of the hearing is to make Liberty Mutual Insurance to approve payment for the surgery the orthopedic doctor recommends based on CT Scans, X-rays, and MRI films of the patient's spine.

But there's little chance of getting approved for the surgery which isn't listed in the Official Disability Guidelines which does not cover this type of surgery.The ODG will only approve spinal fusion on two levels. That would require future surgery on the third level when it fails under the additional pressure.

Can he present the X-rays as proof?

Nope. According to the ombudsman, the Judge will look at the ODG Matrix of approved surgeries and treatments, compare that with the Attorney's Exhibit 'A' and pronounce that the surgery doesn't fit into their guidelines. She told us this issue is very common.

Injured workers are being denied medical care because it isn't on the ODG.

Waiting for Epidural Steroid Injections at the doctor's clinic.
Waiting for Epidural Steroid Injections at the doctor's clinic. | Source

The Victim

The victim in this case is the worker who suffers daily debilitating pain that renders him unable to do most of the things any ordinary person needs to do like walking, sitting, standing and even sleeping which is fraught with agonizing pain.

He needs help and there is no help to be found. Tomorrow is the contested case hearing, and he can only hope that justice will prevail.

Years of Back Pain Due to On-the-Job Injury

Sleeping while sitting in a chair became the only way to avoid shooting leg pain.
Sleeping while sitting in a chair became the only way to avoid shooting leg pain. | Source

Update October

It came as no surprise that he lost the Contested Case Hearing in January. As he walked in to give testimony at the hearing, the Ombudsman handed him an appeal form. She said, "When you lose the case, you can file an appeal." She also said most cases like this are lost. Her prediction was true.

The next appeal was to the District Court. It was a paper battle with no additional testimony taken, only involving paper copies shuffled between the insurance company and the State.

One step in the right direction was being moved from the first Pain Center where medication was dispensed, a sketchy place on the rough side of town. He was reassigned to a new doctor who provided some relief through epidural steroidal injections (ESIs). Although this is somewhat frightening to a diabetic, it's has returned a semblance of a normal life for the moment. He's grateful for some temporary relief through the injections in his spine.

Walking with Pain

Walking with the Aid of Medical Devices
Walking with the Aid of Medical Devices | Source

Update December

The epidural steroid injections, E.S.I., worked until the session on December 20. After a lot of walking at a business seminar, the pain moved to the other leg and numbness extended to the toes. Under Worker's Compensation, approval must be received before any more procedures or x-rays can be performed to diagnose the changes.

On December 27, a new MRI was approved and the worker struggled to make it through thirty minutes of lying perfectly still on his back during the process.

December 29th, films went to the original Orthopedic Surgeon who reviewed them and noted that the patient's daily living situation is "intolerable".

Now that he has exhausted all appeals with worker's compensation, the worker can finally apply for surgery through his current employer. It's just a matter of time for the claims forms to be processed, refuted and submitted again with more documentation.

Meanwhile, the worker is still unable to sleep lying down. At this point, he can only sleep sitting upright in a chair to avoid shooting pains that extend down both legs when he lies down. The clock is ticking as he waits to see what will happen next.

Side Effects of the Medications

Lymphodema - a side effect after years of prescription drugs to reduce pain.
Lymphodema - a side effect after years of prescription drugs to reduce pain. | Source

Update January, Twelve Months Later

Due to increased and prolonged doses of Opioid pain medication and narcotics the doctors prescribed, the patient's feet have swollen to nearly double their normal size.

After two years of delay, the multi-level spinal fusion surgery is finally scheduled for the patient whose neurosurgeon confirms through MRI scans and testing that this is the right path for his recovery.

He has been scheduled for immediate hospitalization and surgery to fuse Lumber 3, Lumbar 4, and Lumbar 5, with rods and screws which he hopes will reduce the pain to a tolerable level. Surgery followed a battery of tests to ensure the patient can withstand the procedure. Forms are signed and the operation will be done.

Worker's Compensation and the responsible insurance carrier shared no responsibility for paying this hospital bill or the recovery needed afterward.

Have you ever been injured on the job and filed for worker's comp?

  • 83% Yes
  • 10% No
  • 8% No, but I know someone who was injured on the job
40 people have voted in this poll.

This poll is now closed to voting.

© 2011 Peg Cole

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    • PegCole17 profile image
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      Peg Cole 2 years ago from Dallas, Texas

      Hi DebraHargrove, Thank you for dropping in. Yes, it does sometimes require talking to other parties to get the treatment that is necessary and you're right about the insurance companies.

    • DebraHargrove profile image

      Debra Hargrove 2 years ago from North Carolina

      Lots of insurance information. I have found if the injuries are pretty serious then speaking to a personal injury attorney before working with the insurance company may be best for the injured person. Insurance companies are not always going to be helpful.

    • Kristen Howe profile image

      Kristen Howe 3 years ago from Northeast Ohio

      My pleasure Peg. It was an interesting read.

    • PegCole17 profile image
      Author

      Peg Cole 3 years ago from Dallas, Texas

      Kristen, Thank you for coming by to read this and for the votes.

    • Kristen Howe profile image

      Kristen Howe 3 years ago from Northeast Ohio

      Peg, this was useful and interesting to know how workers comp worked. Thanks for sharing this intriguing hub. Voted up!

    • PegCole17 profile image
      Author

      Peg Cole 3 years ago from Dallas, Texas

      Hi Penny G, Your story about the worker's comp lady does sound like an invasion of privacy. I'd be very suspicious of anyone who makes that sort of claim. Of course there are always those who prey on people in pain who may be vulnerable to someone offering so called help. We spoke to a number of other patients who had injuries during our many waits in doctor's waiting rooms and some of their stories were heart renching. It is truly shameful the way injured workers are treated.

    • Penny G profile image

      Penny Godfirnon 3 years ago from Southern Iowa

      So many people at my work have gotten hurt and getting appropriate health care through workers comp has been a nightmare. In fact I think some of them suffered permeant damage because of that. One told me at her appointment a woman ran up to her and said HI I am with workers comp and i will be coming back with you to see the Doctor! What the heck. This was after they had tried to get my friend to sign off on this claim. What happened to the privacy laws?

    • PegCole17 profile image
      Author

      Peg Cole 3 years ago from Dallas, Texas

      Hello Lilly Rose. First of all, I'm so sorry for the trouble your husband is experiencing with his injury. It is so difficult to navigate the red tape that comes with any sort of on the job accident and the inconsiderate delays and barriers to treatment by the insurance companies is shameful.

      I hope for you and your family that this will soon be remedied and that your husband's health will be restored. I'll keep you both in my prayers.

    • profile image

      Lilly Rose 3 years ago

      These insurance company's who are supposed to take care of injured workers are nothing more than convicts!! My husband was injured in the oilfield in texas in 21039. He was crushed in a manlift by a person who was not only high on meth , but come to find out he had no certifications to be operating the machines. NOW keep in mind this is one of the biggest drilling companies in the WORLD! !!!! He got a broken back and also crushed his internal organs. Hes had 3 surgerys so far and needs more, because the implant that was placed in his back has now come apart. At this point he has shrunk in height 3 inches because of the implant not holding his spine straight and the screws from the implant itself are 1 inch from punching a hole in the sac that holds his spinal fluid, we all know what the outcome of that will be!!!!! And the screw points to the hepatic sac which is also a BAD thing.we have a lawyer, I myself dont have alot of faith in him or the system at this stage in the game. My husband is in so much pain , it hurtful me to watch him go through all this crap. He literally crawls out of bed in the morning and comes down the hall on his hands and knees. He sees a shrink to because it has become to much mentally for him the stupid ins comp. Workmanship comp All of them need to know that where there is a will there is a way, OH YES they to can be sued!!! If they deny u the help u need to LIVE its their ass sooner or later! They think they are untouchable.Not so. If anything happens to my husband any worse than what's going on already then they can bet there denying asses that justice may not ALWAYS prevail, but THERE is a GOD, and he knows who they are!!!!.

    • PegCole17 profile image
      Author

      Peg Cole 3 years ago from Dallas, Texas

      Hello Cryer, Your situation sounds dire and I can certainly understand the transition from pain, agony, stress and despair to anger. That you have been treated so poorly is shameful and wrong.

      Please hang on and try to find a legal representative to help you negotiate the twists and turns of the system. If you are in Dallas, please give the people at PRIDE a call and tell them your situation. They have been our last resort and were the real solution to my husband's difficulties. I will be documenting an article in the near future to speak about their program that helps those who've been injured on the job. If you search on Google under Dallas PRIDE, you can read about their program.

    • profile image

      Cryer 3 years ago

      I was denied emergency surgery after first doctor sent me on. She had been approved. The dr stood in the doorway and sent me home with no explanation. We know why, don't we. The sad part is I didn't die. 6 months of pt that caused undeniable additional injury and damage to existing. Both reports and X-rays. Then when one doc gave in and tried to do right I would be moved on. Even when finally a doctor had the long list of damage, much of which is destroyed and there's no fix (thus, emergency surgery) I will have complications for life. At minimum 4 indisputable diagnosis caused by adjuster. 11 months now I get released and I can't even function from this emotional hell. Unable to even do adl's most of the time but refused help and I'm alone. Lost job. Ttd quit. Don't care. I'd rather bleed out slowly than go through even 1/2 that again. The physical injury is nothing. My life is destroyed from the tactics and loss of complete control of every aspect of life. Run by one who already hurt me and could not care less. And there can't even be a letter of complaint. Untouchable. Inconceivable.

      Cried 3 months straight from pain stress no sleep. Now it's uncontrollable rage. How can this be? I will never let go. Everyone is this state with ears is going to get sick of me. They could not even consider these stories to be true. And my injury was quite visible and no question of compensibility. So all the bullying made no sense. No no no never again. Good luck everyone. Hope you get your dignity hope and rights back.

    • PegCole17 profile image
      Author

      Peg Cole 5 years ago from Dallas, Texas

      Amen, to that WesJ. It is disheartening to have to fight for something that should be taken care of in due time without delay or denials. So sorry you are suffering right now. It affects every aspect of a person's life to live in pain. I do hope that you get this resolved quickly. My thoughts are with you. Peg

    • profile image

      WesJ 5 years ago

      Yes, this story is exactly 90% of what I have been going through with Workers Compensation in Virginia. Suffered a lumbar injury to my back on the job moving something the employer asked me to move and BAMM here comes the pain! I have been through the hoops and they delayed delayed delayed until I had a discogram procedure proving my lumbar discs have ruptured, and then they are trying to deny my lumbar surgery. What kind of country do we live in?

    • PegCole17 profile image
      Author

      Peg Cole 6 years ago from Dallas, Texas

      Snakeslane, you are such a good friend to say all this. I can always count on you for an uplifting message. Oh, I am nowhere near calm, cool and collected. I wish I could tell you differently. This has affected our lives so deeply and dramatically; nothing is as it was. The current health problems that Jim is now suffering all relate back to this long neglected medical treatment, which took him to the point of near unconsciousness on pain medications that were dosed out. All this so they could avoid paying for this necessary surgery. It is shameful and wrong.

      On a happier note, thanks for your vote of confidence on the writing of this article. It is a true story and a sad representation of how worker compensation and our legal system fail to protect the working people of this country.

      About the van picture, you know that is a prop at Universal Studios, right? hahaha. He couldn't really lift a van before his injury. I love the name of the company painted on the truck, "Lacks Security." LOL

      Thanks again, Snakeslane, for your insightful and compassionate comment. I am blessed with friends like you. Will pass along your sweet comments to Jim as well!

    • snakeslane profile image

      Verlie Burroughs 6 years ago from Canada

      Hello Peg, first things first. Those *(*&^%&^!#@$ b_st_rds!!!

      Ok, deep breath, Your hurting husband has been through hell and back. My hat is off to both of you. To you for managing to stay calm, cool and collected in the face of grievous, injustice, neglect and abuse. And on top of that being there for Jim throughout this long drawn out ordeal. And Jim, my heart goes out to you dude. You deserve so much more after all your years of working in pain.

      This is an excellent article Peg. I'm surprised it hasn't won some kind of special accolade for investigative journalism. Yes it is your true story, but it's written very professionally. This is a tough, complex topic to get a handle on, so multi-layered with all the different scenerios and players involved. You've given a perfect example of what is wrong with the system. It's too big. Everyone is out for their own interests and forgetting about the injured party. It's so disheartening. I don't know where you get your courage and your strength from Peg, (both of you) but it is admirable. The photo of Jim lifting the van says it all. You guys rock!

    • PegCole17 profile image
      Author

      Peg Cole 6 years ago from Dallas, Texas

      Hello there WD,

      On January 19th Jim underwent three level spinal fusion surgery to repair the three disks that were damaged from the original injury in 1999. He is in the process of recovery at the moment, on medical leave from his present employer.

      This is no thanks to the Worker's Compensation folks or the responsible employer's insurance company who won a decision against treatment in the related court case. Not even the shyster lawyers would take this case since there was no money to be paid out, only medical treatment sought. (Money talks)

      I sympathize with your knee pain and hope you wil eventually find relief. For my husband, the recovery is ongoing. He is eager to return to his job and thankful that we got the final kiss off by Worker's Compensation so that we could finally get treatment for this injury after two agonizing years.

      Thanks so much for your insightful comments.

    • WD Curry 111 profile image

      WD Curry 111 6 years ago from Space Coast

      I can relate. I have an old workes comp injury (knee surgery) that has been causing similar problems. Write all of the letters you want. Meanwhile, ask around and find a shyster lawyer of your own.

      You live in Texas, so it should not be too hard to find one!

      Back pain is the worse. I have some pretty good injuries myself. This old retired doctor told me to wet a hand towel, wrap a heating pad around my body with an ace bandage and leave it on all day (extension cord). I did it for several days, before it started working, but it worked.

    • PegCole17 profile image
      Author

      Peg Cole 6 years ago from Dallas, Texas

      Hello Thelyricwriter. It's nice to see you here today and I want to thank you for explaining your situation with this sort of insurance treatment. You would think reputable companies would stand behind their sense of integrity and take care of wrongs like this.

      Three days. I didn't know the magic number was three days. Interesting how companies find reason to "let you go" that never were enforced before your injury.

      I am overdue for a major update on this situation that will turn into a hub in itself, so I'll just let you know that things are slowly getting better now that we've been through the system. There is a light at the end of the tunnel, still a work in progress.

      Thanks for your great story and I wish you all the best in your continuing recovery.

      Peg

    • thelyricwriter profile image

      Richard Ricky Hale 6 years ago from West Virginia

      Peg, this is such a sad story and I hope your husband finds comfort and peace from his pain. I have been a victim as well. My case was denied. I worked at a Pizza Hut and their security tower for their camera system fell off the wall and hit me on the spine. Ever since, I have been in terrible pain. I went to the emergency room and they gave me 3 days off. Everyone knows that the magic number is 4, days that is. 4 days or more and you can collect income. I went to a follow up and learned I had fractures through a MRI. That doctor gave me 2 months off work. I turned that excuse in and I was still denied. It triggered a chain of reactions. When I went back to work, the kitchen was completely changed. 2 days later, I was fired. Their reason was because I was eating pizza on the clock, something that everyone does. Brickstreet Insurance is a joke. I really hate hearing this story cause I know he is more then deserving. Hopefully you will be compensated for everything one day. I surely hope.

    • PegCole17 profile image
      Author

      Peg Cole 6 years ago from Dallas, Texas

      Dear sweet Maria,

      Yes, toxic and arbitrary "guidelines"; you would understand completely about fighting the system for things that should be automatic. However, as we know, the worker's compensation insurance groups that employers select are in it to protect their customer, the employer, certainly not the employee who has been injured.

      The insurance companies serve primarily to prevent employees from suing their employers for injuries sustained on the job. With that bureaucracy comes loopholes that allow the insurance companies to slither off into their muddy "guidelines" which are really "Bibles" that dictate what injured parties can expect for medical treatment. Anyhow, sorry for this long rant after your lovely and considerate message.

      I should post an update on our current situation since things have deteriorated since the last entry. Right now, the issue is too close to give my words the perspective they need.

      Thank you for the positive thoughts and we are praying for relief to come through the latest MRI results taken this month, December 2011, that he will meet the criteria for treatment now.

      Lots of love to you and warm thoughts from your sista, Peg

    • marcoujor profile image

      Maria Jordan 6 years ago from Jeffersonville PA

      Oh Sista,

      I wanted to get an overview of what was going on. I have an aching heart for you and your dear husband.

      I am convinced this is a system embroiled in toxic and arbitrary guidelines, run by people who are encouraged to forget the 'golden rule' and where the correct and appropriate medical intervention is not respected/ even in the mix for consideration. It is a system that expects ready submission by weary people. It preys on those who are hurt and vulnerable, because of the very work they have done.

      Please keep close to your husband's side. He needs you.

      Absolutely DITTO to the ever-wise Will Starr. A very tiny nun (with a very big mouth) got through to a State Senator on my behalf (after years) so I could finally have some closure (very different issue, but I had long given up). Please try not to give up that hope. 'Someone/ something' will happen, work every angle you can and keep us in your heart for support.

      I am sending you every positive thought I have for a more peaceful and comforting new year. Love, Maria

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Hello topwords, Thank you so much for your heart felt comments. Nice to meet you here.

    • topwords profile image

      topwords 7 years ago

      Loss of mobility and independence and tend to be sad thinking of doing a select heart wrenching.

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Hi CeeJ, Thank you so much for your well wishes on Jim's success. It was really just a hearing where we were trying to get the state of TX to overturn Liberty Mutual's decision to deny surgery. We lost. Now we're appealing the hearing results in District Court. There is no trial or anything, just paperwork being shuffled around. We're still waiting for those results.

      You are so right about Liberty Mutual and the insurance companies. They are protecting the employers and their shareholders, not the injured worker. We were amazed to find so many complaints against them on line in regard to denied and mishandled claims. The system does need a good overhaul.

      Thank you for stopping by and for your prayers. May God bless you for your kindness.

    • CeeJHicks profile image

      CJ Hicks Gathright 7 years ago from Meridian, Mississippi

      I pray that your husband was successful with his law suit. The big insurance companies such as Liberty Mutual and Standard Insruance have acquired large sums of money through workman's compensation insurance from companies and individuals. However, when it comes time to follow through I give them a failing grade. The entire system needs to be overhauled.

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Hi Manuel,

      There is no choice for Jim, although you're right about the depressing part. The root cause of his pain is the original damage to his L3-L4-L5 disks. All 3 levels were surgically repaired in 2001 after MUCH red tape and months of "less invasive" ineffective treatments and denials. He is supposed to be covered for life through this claim, on which they are denying additional surgery because it doesn't fit into their "guidelines".

      Thanks for stopping by and for your kind words.

    • profile image

      Manuel Collier 7 years ago

      The loss of mobility and independence is usually depressing and the idea of making such a choice is heart wrenching.

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      AskAshlie3433 - So sorry that happened to your old man. I do hope they provided adequate medical treatment at the very least. That's all we really want - the proper surgery to fix his condition and relieve the pain. Thanks so much for sharing your experience with this.

    • AskAshlie3433 profile image

      AskAshlie3433 7 years ago from WEST VIRGINIA

      Voted Useful. Great useful hub. Thanks for sharing. My old man has still never received payment. He worked at Pizza Hut and a security box, which was metal, fell on his back! Didn't get a penny.

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Hi Katiem - We've been fighting the paperwork bureaucracy for months now which has delayed and forestalled progress on a regular basis. Our Dr.'s office will fax the requirements to the necessary recipient who will then "never get the fax". Yeah. At first we thought it was error on our end but they showed us proof that it wasn't. We've jumped through their hoops time and time again.

      In this instance the paperwork is not the hold up. It it a dispute over proper diagnoses and medical need for surgery. Our Doctor says Jim needs surgery, they say they don't cover that surgery. Now the burden of proof is on us to medically prove this surgery is viable. We are not medical people nor is our surgeon available on a weeks notice to show up at a hearing. Their attorneys will provide medical evidence to refute and we will have no rebuttal. Then our only recourse is to take it to District Court, a long and drawn out process.

      Thank you for your input and I wish we could remedy the neglect by filling in some paperwork. This whole thing reminds me of the movie "The Rainmaker". Deny, deny, deny. We must be "stupid, stupid, stupid".

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      RacerX - You would think that Workers' Comp would protect the rights of citizens, but as lmmartin said, they're just trying to weasel out of paying for medical treatment deemed necessary by a real doctor. I guess we only have a right to an attorney if we we've committed a crime.

      Thanks for stopping in and for your comments.

    • katiem2 profile image

      katiem2 7 years ago from I'm outta here

      Oh my, I worked in administration for years. What I can tell you is this, they make a practice of turning down legitment claims and do so by a simple error in your paper work. They can turn you down because of an error in your paper work you filed. It doesn't mean the claim is not valid just that the filing was done wrong. I know I know sounds crazy, but it's the loop hole used to keep from paying.

      Review your paperwork, look for any errors or omitions and refile!

      Best Wishes and Much Success, :) Katie

    • RacerX profile image

      Jim Cole 7 years ago from Dallas

      I'm not an attorney, although as I recall from school the Constitution of the United States of America protects citizens from situations such as this. Who among us hasn't heard the familiar phrase "You have the right to an attorney"?

      If there are any legal people that can shed light on this, that would be helpful.

      It's hard to imagine the State of Texas would pass a law allowing big corporations to send highly trained and specialized lawyers to a hearing and not allow the same for the injured party!

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Pamela99 - This is happening to other people on a routine basis. It's more than just a denial. They would probably approve his surgery if we wanted to settle for a 2-level back fusion, (That IS covered on the ODG) but our surgeon says it will probably NOT alleviate the pain. There's no guarantee the correct 2 disks will be fused of the 3 that are injured.

      In addition, he would probably need to have a second surgery later - which means more pain, more time away from his current job, and more risk.

      We have heard back from one TV Station who advised us to "Obtain an attorney". What? Didn't they understand, no attorney will take this case of the 12 we've spoken to. There is no money to pay them and they can't take our money by law.

      Thanks for commenting and I wonder if the surgery helped your brother?

    • Pamela99 profile image

      Pamela Oglesby 7 years ago from United States

      That is a terrible situation. My bother has had 3 back surgeries and I know the pain he has suffered. I agree with WillStarr. Call everyone you can think of to get attention to the pathetic denial by workmans's comp.

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Jandee my friend - Nice to see you again. You are right. The Workers' Compensation is a Federal Program that

      "is a form of insurance that provides periodic payments in lieu of wages and medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence."

      Their primary goal is to return the worker to the workplace. But what about people who are already working?

      Thanks for your comments. Kindly, Peg

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Hey Ralwus, Good to hear from you. Jim knows how your brother-in-law felt during all the rejections, denials and red tape. Meanwhile - the pain is ongoing. But he continues to hold onto a good job that he loves, where he is respected and valuable. Travel, which is part of the job has become an exercise in endurance as he stumbles through the walking and lifting required with it. We just want him to have the medical treatment he needs. But we're fighting the system.

      Thank you for the encouragement and for sharing your story. Warm regards, Peg

    • jandee profile image

      jandee 7 years ago from Liverpool.U.K

      It might not be Government health care but they must be surely licenced by the government ! I would listen to Will !

      GOOD LUCK from jandee

    • profile image

      ralwus 7 years ago

      I'm so sorry you and your hubby must got through this, My brother-in-law was in the very same circumstance, all through the seventies. He got tired of the rejections, went back to work and made it worse. Finally in 1980 he had his surgery and made them true believers. All those years of agony and food stamps, welfare and humiliation; even some family thought he was faking it and his friends. He is 100% disabled now. Keep your chin up girl and the best of luck to you both.

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Hi Lynda - The sad part is that everyday people are being systematically neglected as a result of laws that are supposed to protect their rights. On top of that, Insurance Carriers and State Agencies are telling the Doctors what treatment they can and can't provide their patients.

      The Insurance Carrier's Peer Review Doctor actually stated that he would deny our case if our Doctor did not call him back within fifteen minutes! Really. This is true. He has the power to say NO on a whim, thus destroying someone's life. This is power run astray. Someone who has never laid eyes on the patient can deny their claim.

      We are in for a fight here and we know it.

      Thank you so much for commenting and for your kind words. PS. Sorry for your back pain but I'm glad it got better.

    • lmmartin profile image

      lmmartin 7 years ago from Alberta and Florida

      To Willstar -- this is NOT government run health care!!! I know, having spent most of my life in a country that does provide a sane system of single payer, patient driven (I.E. "government" health care).

      To Peg: My heart goes out to you. Ever since I've arrived here I've heard similar stories from people battling some insurance provider or other, whether private-for-profit carriers or workmen's comp. Everyone who reads my work knows my feeling about the abysmal level of medical care in this country. Let me tell you a story: I had a damaged disk for quite some time, but the pain wasn't so bad to drive me to seek help. Then one winter day, I slipped on an ice covered step, fell down six concrete steps and did more injury. The pain was excruciating. I went to the local ER, was given shots for pain and transferred to the 'big city' hospital where I had an MRI at 1 in the morning. The next day I had surgery. And life went on. Do I say this to make you feel bad?

      No! I say it more for comments like above. Canada does provide good care, no matter the propaganda you hear down here.

      Which would you prefer?

      And to your husband, I've lived with back pain and I know how debilitating it is. Keep fighting. Do all the stuff offered above, but don't for one minute call it a failure of 'government run' medical care. Workman's Comp is just one more carrier trying to weasel out of their commitments.

      God Bless both of you! Lynda

    • PegCole17 profile image
      Author

      Peg Cole 7 years ago from Dallas, Texas

      Will, Thanks for your quick response to my rant. Your ideas are great and I'm in the process of contacting the TV news. I've tweeted and posted on FB. Now I'll keep on trying the public way. We've been quiet for long enough.

    • WillStarr profile image

      WillStarr 7 years ago from Phoenix, Arizona

      Contact your representatives and ask for help. If that fails, contact your news outlets, radio, TV, and print.

      Contact your governor's office.

      Write a letter to the editor. Ask them if this is an example of government run health care. Ask them if this is what we can expect under Obamacare?

      Organize a protest outside the Workman Comp's office building and inform the media of when, where, and why.

      Contact your federal representative and Senators. The pressure they can apply is amazing.

      Publicity is your best friend. Make good use of it.

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