doctor's report contains errors

What is the name of your state? Texas

Hi. I have tendonitis, a repetitive strain type injury incurred at work.

Yesterday I received a denial letter from my employer's insurance company, after having been twice to the doctor they sent me to. The insurance company is saying it is a "life disease", not a workplace injury.

The Texas Worker's Compensation Commission requested a copy of my medical records, and I was also given a copy.

When I reviewed my copies of the physician's report, I found descrepancies and out and out errors in the report - facts presented quite differently from what I told her. These descrepancies and errors may very well have caused the insurance company to deny coverage of my claim.

I called the doctor's office to report the errors and I was told that I have to wait until my next appointment to discuss this matter with her, which is not until next Friday.

In the meantime a review of the insurance company's denial of coverage is being done by the TWCC based on the erroneous report. What should I do?

Employer selected doctor

Did you choose your own treating doctor? If so, what is your doctor's opinion? If the insurance carrier doctor disagrees with your doctor (and he almost always will or he will not get many more jobs) then you take all information to a TWCC BRC (Benefit Review Conference.) There TWCC will also try to cheat you. But, the law is the broken egg theory. You might or could have had a previous condition, which in your case is impossible for any doctor to know, but even if you were weakened, if not for your job, you would not be this injured. In other words,, the egg had a crack but it would not have broken if not for the work injury.

Do not go to a BRC with a Chiropractor report. A Chiropractor is not a real doctor. Change to an Orthopedist or a doctor like that. Get all the tests necessary. The insurance carrier is required by law to authorize all tests the doctor requires.

Forget about the opinion of the insurance doctor. His job is to deny claims.

I hope you filed the injury with TWCC. You have a short time to do that. Also, if the insurance carrier did not contest the injury within (used to be 30 days) it cannot now be contested. Even if they can prove it is not work related, if they waited too long and paid for medical care, it is too late. They own the injury.

Pam