Welcome, Friend!

It looks like you're new here. If you want to get involved, click one of these buttons!

Veritas-Health LLC has recently released patient forums to our Arthritis-Health web site.

Please visit http://www.arthritis-health.com/forum

There are several patient story videos on Spine-Health that talk about Arthritis. Search on Patient stories
Protect anonymity
We strongly suggest that members do not include their email addresses. Once that is published , your email address is available to anyone on the internet , including hackers.

All discussions and comments that contain an external URL will be automatically moved to the spam queue. No external URL pointing to a medical web site is permitted. Forum rules also indicate that you need prior moderator approval. If you are going to post an external URL, contact one of the moderators to get their approval.
Attention New Members
Your initial discussion or comment automatically is sent to a moderator's approval queue before it can be published.
There are no medical professionals on this forum side of the site. Therefore, no one is capable or permitted to provide any type of medical advice.
This includes any analysis, interpretation, or advice based on any diagnostic test

Hearing Completed - Vindication!

Hi all,

I posted a topic a couple months ago about Workers Comp re-opening my settled claim and doing so by the testimony of a doctor who lied his butt off.

Yesterday was my hearing with the Judge and she ruled they have to continue providing me all my medications! The WC company and their medical reviewers were under the impression I was taking four muscle relaxers and four pain medications all at the same time. I'd love to know how much money was spent on legal fees and medical consultation reports which were used to get me into court again. The whole matter could have been solved with a five minute phone conversation.

The Plaintiff's attorney still wanted a finding in their behalf that they should not have to pay for meds I no longer take. The Judge flat out refused saying that I was a reasonable patient.

My guess is that they will try to re-negotiate my settlement and offer me a large settlement amount to buy me out. Currently, they are on the hook for my medical coverage for life regarding my back injury. There is no way I'll take a buy out.

At least I have peace of mind that for a while, they will still have to cover my medications without messing with me.

Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2


  • SavageSavage United StatesPosts: 5,427
    Congratulations !
    So glad to hear the good news!
    And yes, that kind of peace of mind......priceless!
    Spine-Health Moderator
    Please read my medical history at: Medical History

  • The Plaintiff's attorney called me a couple hours ago regarding the injections they denied two months ago. I complained to the judge during the hearing that everything was being denied during the past few months. He made a deal with me that so long as I don't ask for any topical cream medication for my back, they will begin approving everything else again. I agreed to it. I found out that a one month supply of a compounded topical cream costs $7,500.00 a tube...one tube! In good conscience, I cannot ask anyone to pay that ridiculous price for a topical cream.

    During our conversation, I told him this whole mess could have been solved with a five minute phone call to me instead of getting false documents and a Judge involved. He agreed and actually apologized for putting me through it. I about ran off the road (was driving during conversation) when he did that.

    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
  • SavageSavage United StatesPosts: 5,427
    That sounds unusual for the attorney to call you directly, instead of going through your attorney.
    I can see why you were shocked. And an apology....almost unheard of.

    I wonder if his client knew he was apologizing? As he really shouldn't be speaking for himself at all, and if he did, I'd be curious as to why. Since one of first things learned is to never apologize, legally speaking.

    Even we are taught to never apologize at car accident, even if clearly our fault, as it admission of guilt...even if just apologizing that the whole thing happened.
    Same legal reason doctors don't apologize for anything wrong with treatments, surgeries, care rendered......

    Even though things look well now....I would call my attorney and notify of this recent conversation with plaintiff's attorney.
    Just to keep the records straight and complete......as you know that planitiff's attorney is indeed making record of his conversation with you.

    And also, I hate to say, but you never know what may be used against you ...or just used....at a future date.
    Your memory may fade, but the record will stay.

    But yes!... And you must be on a bit of natural high due to being vindicated! It's great to see justice being done!
    Spine-Health Moderator
    Please read my medical history at: Medical History

  • I didn't have an attorney. In Kentucky, the only legal way for an attorney to get paid in a Worker's Comp case is through the award of the initial settlement. You are not permitted to hire or pay an attorney based on an hourly fee. So, when my case was re-opened, I couldn't get a reputable attorney because they couldn't get paid. Even if you (me in this case) are accused of bad faith of the Fair Settlement Act, you cannot hire an attorney on an hourly basis.

    What typically happens is the attorney which is used to initially settle your case will continue to represent you through the years based on the original settlement pay they receive. In my case, I settled myself without using an attorney because it was so cut and dry at the time. There was no disagreements between the WC company nor my doctors which made the settlement go smoothly.

    So, because of this, I had to represent myself. The Administrative Law Judge knew I did not have an attorney and directed the plaintiff's attorney to check with his clients (WC Company) about why they denied my Facet Joint Injections during the time of my pending hearing. She then instructed him (WC Lawyer) to contact me directly to inform me if they would go ahead and allow the injections.

    When he called, we talked about the topical Cream that I was prescribed. I told him I didn't intend to get it filled since it was so expensive. Because of that, he got it worked out for me to get the injections. I then mentioned to him that I was a reasonable, open person and all this action could have been avoided if they would have just asked me what medicines I was taking. I then pointed out that the doctor's they contracted with did an absolutely horrible job summarizing my actual past medical care and that the one doctor is noted in Federal Court as being unfair to patients (Shaw v. AT&T Umbrella Health Plan, July 2015). I told him that between the doctor lying in the report and not being able to get an attorney, my life had been hell for the past two and a half months. That's when he apologized. I really didn't expect that and like you, was pretty shocked.

    But, in the end all is back to normal regarding my care. I just wish I could post the particular doctor's name on here so everyone could know to watch for it if they ever have their cases re-opened. If you pull up the case I have listed above, you will see what the 6th Circuit really thinks of him!

    I'm still considering filing a formal complaint with the states medical licensure boards where he is licensed to make him answer to someone for the outright lying he did in my case.
    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
Sign In or Register to comment.