[was437]

My question involves workers compensation law for the state of: Louisiana

I don't have all the specifics, but I will have access to any information needed in the future.

JUST SOME STATEMENTS LEFT OUT OF THE SUMMARY OF EVENTS

She hired an attorney a while ago.

She filed all paperwork within the legally allowed time limit. No thanks to the insurance company who avoided and manipulated her for days/weeks as the deadline neared. 100's of phone calls, 100's of msgs...all documented and recorded. Even the "case worker", when asked about getting an attorney, telling her she had plenty of time to decide of that was needed. That was the day before the deadline when she finally was able to get someone on the phone.

She has "court dates scheduled.


SUMMARY

A relative of mine was injured at work back in Feb. 2007. At that time she went to the doctor, chosen by her employer's insurance company. Without knowing she was entitled to visit the doctor of her choice, she continued to see this general md in small town Louisiana.

After having an MRI at a nearby hospital, she was diagnosed with arthritis, tendonitis, and NO tear. (I will have ALL the info and literature involved) After several months of shots (I believe cotizone injections) and rehab, she continued to work and dealt with the pain.

Come November, she quit her job, not able to continue dealing with the pain that she was told would be permanent. Advice from her doctor and not liking the distance she was forced to drive to see him, she got a second opinion. She had finally done a little research and was beginning to understand that the Insurance company was not looking out for her best interests, and she would need to know her rights in order to protect herself. She had been told this many times in the past! "The case worker, or whatever her title was, was nice and would look out for her and not her own employer." WOW! This time the MRI showed a tear in her shoulder. All the doctors said it was from the original injury and had misdiagnosed.

Going to the specialists the Insurance company chose, because he was found to be very good, she received surgery on her tear.

She was told to start therapy immediately. After numerous times, sitting in the doctor's office waiting for approval for her therapy, 5 weeks passed and her scheduled visit to the specialists arrived. He was, to say the least, po'd that she had not received the therapy he had ordered, and he personally got on the phone with the case worker and her supervisor. This led to another procedure to be scheduled. Not knowing whether she was going to need another surgery, the doctor was able to manipulate the shoulder and reverse the harm that the lack of therapy had caused.

She starts therapy again. This time she doesn't just sit in the office waiting for approval, but indeed receives the therapy she needs to rehabilitate her shoulder. Everything seems to go as planned after the year of bs.

She just recently got a report on what she would be able to do and not be able to do.

PERCEIVED DISABILITY=37%
IMPAIRMENT OF UPPER RIGHT EXTREMITY(DOMINANT)=7%
WHOLE PERSON IMPAIRMENT=4%

There were other charts about perceived disability: 80% occupation, 50% recreation, etc. Like previously stated, I will have all information later today. I apologize that I am not prepared NOW, and will do my best to not let this happen again. Thank you for any information. Thank you for your knowledge. Thank you for your time.

[was437]

She has had all her procedures and medications paid for by the Insurance company.

She has received no other monies and was unable to work for a long time.

She had a "disabled" child and was forced to pay $1100.00 per month, out of pocket, to continue using her health plan through her previous employer.

This "case" is a pretty weird scenario. Had things been done properly, and not misdiagnosed, she would have been paid throughout the surgeries and rehabilitation. She would not have quit her job. She would not have had to pay $1100.00 per month to continue using her previous employer's health insurance.

Whose fault is this?
What should she be entitled to receive?
Possibly malpractice?


Where is the best place to research your states' WC laws?
Are past WC "court cases" a matter of public records?
If so, where do I find these cases?
Westlaw?...Clerk of Court?


Just brainstorming in a thread. I want you guys to have all the information, and these additional informations will let you know the kinds of questions I have concerning this situation.

[Mr. Knowitall]

She has a lawyer to advise her on her worker's comp claim. You have not posted any indication of medical malpractice; if she believes that occurred, she should talk to her lawyer about it.

What type of decisions are you talking about? If you're talking about a worker's comp appeals board, check a local law school, with the appeals board itself, Google a bit to see if you can find a source, check to see if they're carried by a commercial service like WestLaw, etc.

[was437]

Thanks for the advice. I have the time. And learning, especially the research methods, is a big part of what I'd like to get from this.

UPDATE:

I have all the information. Sorry I didn't have it when I originally posted the thread.

Does anyone know what state's WC laws are most similar to Louisiana's WC laws? Only for use with getting ideas as to what types of resources I should look to use and general terms I might want to look into.