Getting the run around after my case was settled with open medical?

by David
(Wichita, KS)

The workers' comp insurance company is requiring that I do different types of testing. They have demanded several urine tests and have also drawn blood for testing to make sure that I have taken all the medication prescribed.

I have been diagnosed with RSD reflux sympathetic dystrophy/CRPS chronic pain from being ran over by a forklift at work. I worked at a hospital for 17 years. They said a doctor in Oklahoma City may have new treatments for me. I live in Wichita, Kansas. So I drove to Oklahoma city to see the specialist doctor but it turned out it was not a specialist it was the insurance company's doctor, who was very rude.

I think they want desperately to find a reason to say that I don't have this condition so they can stop paying for my treatment.

The 29th of this month they court ordered me to see an internist in my home town. What can I do so they will leave me alone and just give me the treatment I need? This feels like harassment at this point.

I was injured in 1999 and worked after the injury for another two years. It took about a year to diagnose what was wrong with me (it was a crush injury first). The forklift ran over my foot, I fell down, then it ran over my leg again.

I take a lot of medicine and it costs several thousand dollars a month that workers comp insurance company is paying. I think they're trying to drive me away. The stress this causes makes it worse on me and causes me more pain. Is there any thing I can do to protect myself? Can the insurance company do this constantly?

I am afraid that they will accomplish getting rid of me one way or another they have a lot of money and I do not. Is there anything I can do to resolve this? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Getting the run around after my case was settled with open medical?":

David (Wichita, KS):

According to WebMd:

"Reflex sympathetic dystrophy syndrome (RSDS), also known as complex regional pain syndrome, is a rare disorder of the sympathetic nervous system that is characterized by chronic, severe pain. The sympathetic nervous system is that part of the autonomic nervous system that regulates involuntary functions of the body such as increasing heart rate, constricting blood vessels, and increasing blood pressure.

Excessive or abnormal responses of portions of the sympathetic nervous system are thought to be responsible for the pain associated with reflex sympathetic dystrophy syndrome.

The exact cause of RSDS is not fully understood, although it may be associated with injury to the nerves, trauma, surgery, atheroscleroticcardiovascular disease, infection, or radiation therapy."

If you’ve been court ordered to see an internist you have no choice. If you don't abide by the court order, the insurance company may ask the court to dismiss your claim and thereby prevent you from receiving further compensation. From the facts you present, you gave had RSD for about 15 years. That's a long time.

Make an appointment to see your own doctor. While you will likely have to pay for the consultation, that money will be well spent if the doctor can link your condition to your initial work injury.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Forklift Accident Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: