[Anonymous123123]

I am getting ready to request a meeting with my KS attorney and have a couple of questions.

IME performed in April 2006 determined my employment aggrevated cervical problems, however to date nothing has been done. I recently was informed by my attorney they aren't going to honor the IME as the judge ordered it done by a Psyiatrist instead of a Neurologist. I've requested numerous times this last year for medical treatment, and I'm still waiting. Shouldn't we have taken them to court?

My attorney wrote a letter back in August to my employers counsel stated they needed to either let me return to work or terminate me. The Dr. who performed the IME had returned me to work, but employer wouldn't let me return since my Dr. wouldn't recant his note of not allowing me back. Employer didn't want me back so it was a way to keep me out. I phoned my attorney several times after his having wrote the letter, but we did nothing. They finally terminated me in November. Shouldn't we have taken this to court?

I can't change attorneys but I need to know how to get him to work with me.

[deadlock]

I am getting ready to request a meeting with my KS attorney and have a couple of questions.

IME performed in April 2006 determined my employment aggrevated cervical problems, however to date nothing has been done. I recently was informed by my attorney they aren't going to honor the IME as the judge ordered it done by a Psyiatrist instead of a Neurologist. I've requested numerous times this last year for medical treatment, and I'm still waiting. Shouldn't we have taken them to court?

My attorney wrote a letter back in August to my employers counsel stated they needed to either let me return to work or terminate me. The Dr. who performed the IME had returned me to work, but employer wouldn't let me return since my Dr. wouldn't recant his note of not allowing me back. Employer didn't want me back so it was a way to keep me out. I phoned my attorney several times after his having wrote the letter, but we did nothing. They finally terminated me in November. Shouldn't we have taken this to court?

I can't change attorneys but I need to know how to get him to work with me.

Not sure what you want him to do for you now.

Let me get an idea of time frames.

I recently was informed by my attorney they aren't going to honor the IME as the judge ordered it done by a Psyiatrist instead of a Neurologist.

When were you informed of this and when was the eval? Who suggested this?

Nov you were notified that your employer did what the atty asked? Fired you. On what grounds were you fired?

The court won't accept the physiatrist's IME. So why not get one by an neuologist? Ask that this be requested.

For the past 4 months what has been going on with BWC? You have a case on file with BWC. Where does your case stand? This is not a time for you to be passive.

Usually an attorney helps you obtain something you are entitled to receive by law. In your case, what did you hire this atty to do for you?

[Anonymous123123]

April, 2006 - IME ordered by the Judge who selected the Dr. that would perform.

March, 2007 - My attorney told me when I finally got him to return my call, the WC Insurance carrier feels they don't have to comply nor provide me medical treatment since the IME wasn't performed by a Neurologist. After a full year of begging for medical treatment, in February of this year, my attorney finally sent me to a Neurologist of his choosing to see if I was at MME. My attorney still hasn't responded to me on his findings, although the Dr. who performed the exam contacted me and stated he felt I was not at MME and would be recommending further treatment.
My concern, why did it have to go almost a year, shouldn't we have gone to court before now so I could have medical treatment?

August, 2006 - Attorney sent letter to opposing counsel informing them they needed to either return me to work or terminate. I had NO money coming in during this time and followed up with my attorney on occasion to see if he had heard back from opposing counsel. Opposing counsel never did respond and I couldn't get any action from my attorney. Termination Letter was finally sent in November, letter stated due to LTD having been approved. However, I had just been "Denied" benefits that same morning. Luckily, having had tried to return to work thru Temporary Employment Agencies and having been sent home due to recurring cervical issues, and a lengthy conversation with LTD carrier, they finally approved my claim.
Is it normal to take 3 months on getting response from employer on letting me return to work? Are these long delays normal, am I being impatient?

BWC - I'd not heard of them before now, I will check into this and find out what is taking place.

This attorney came highly recommended by his peers but I feel I am on my own and have to do whatever I can to get treatment so I can get back to work.

[deadlock]

http://www.comp.state.nc.us/ncic/pages/wcadmdir.htm

If you like this attorney and feel the person is helping you then hang in there. It sounds like he got you an appt with a neurologist and the doctor confirmed your diagnosis. In your case that is a big deal.

I cannot guess about time frames in worker's comp cases. They are very complicated. Yours even more so when you go off work on a disability, (receive no LTD pay) and have no formal diagnosis.

You have said you are wanting "medical treatment". What do you consider medical treatment?

If you mean surgery, try to be patient. Don't anticipate any cervical surgery is going to restore your disc disease to "normal". You are on a long road of disability so try to do what your atty says since he does seem to working on your case.

[Anonymous123123]

Thank You for taking the time to respond, I will continue to try to be patient.