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herniated disc

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cns

Junior Member
What is the name of your state (only U.S. law)? South Dakota

About 6 months ago my bf herniated a disc in his back at work. He was off work for a couple of weeks. Then light duty after that. He did all the doctor appointments, physical therapy and flood injections. They released him back to work with no restrictions a little over a month ago. He was still having a little pain in the mornings untill he got up and moving and his back would tire easily. Doctors said no problem it would continue to heal.

All was good until yesterday. He picked up something and turned to set it on his table and felt something give in his back. Had shooting pain down his legs and allot of pain.

Went to his supervisior right away and reported it. Super said well I don't want you hurting it worse go ahead and go home. BF said "I can't go see a doctor?" Super said let me check. He was told to call the workers comp case worker he had first time.
Called her, she said your case was closed 30 days after last doc appointment so you need to call workers comp insurance.
Called her, she said we have to wait to first report of injury to make you an appointment.
Caller super again and told him. He said I will get on that. All this happened yesterday and as of this morning he made all those same calls again and no progress on anyone's part.
In the meantime he is home and in pain and doesn't know what to do because they won't let him see a doctor.
What do we do???
 


cbg

I'm a Northern Girl
Who "won't let him" see a doctor? Who has specifically said, "no, you cannot go to the doctor until the workers comp issue has been straightened out" or anything resembling that?
 

cns

Junior Member
work super told him that he can't see a doctor until wc insurance sets one up for him.
wc insurance ssays that they can't set one up because they have no first report of injury or paperwork on this injury but they will call him with the appointment time when they make one.
Can he just make an appointment with his regular doctor on his own for now, or does he have to wait for all this?
 
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cbg

I'm a Northern Girl
Then he needs to push the supervisor to make the first report of injury.

Recommendation - have him call HR and tell them that he needs to file a workers comp claim. They'll either take the first report directly or jump up and down on the supervisor.
 

cns

Junior Member
He has called super 3 times since yesterday about it. But I don't believe he has called HR directly. Thank you.
 

cns

Junior Member
Called HR
They told him to go ahaed and make appointment. He did and got 1 for this afternoon. They HR called back and said they just talked to wc case worker and she doesn't feel that he should go back to this doctor. They want him to go straight back to specialist he was seeing in the end.
So he canceled this afternoon appointment with his original doctor and called specialist. They said they can sqeeze him in on Monday but if insurance doesn't get allhold of them before monday they won't see him.
So does he lay in bed in pain until monday?
 

cbg

I'm a Northern Girl
If you are looking for me, or anyone here, to give him permission to go to the doctor now with a guarantee that it will not hurt his w/c claim, I'm sorry but I/we can't do that. If he wants to go to the doctor (and I reiterate HE, not you - you have no legal standing in this issue) today, he's a grownup; he doesn't need my permission. But he needs to understand (as do you, apparently) that actions have consequences and it could adversely affect his claim if he does not follow instructions. I'm not savvy enough with the specifics of SD workers comp to call this, I don't think we have any SD experts on this board, and I think it's Isis's turn with the crystal ball.

But not one here caused this situation; the attitude is unnecessary.
 

cns

Junior Member
I'm sorry but I'm not really sure what attitude you are talking about. I was just simply asking if that is what should be done.

He is seeing the specialist on Monday as workers comp has told him to do. I was just wondering if that is the normal that they would make someone in pain wait 6 days to see a doctor.

I'm guessing that they didn't want him to see his original doctor because she would have ordered that he not go back to work until he sees the specialist again. But since that didn't happen he is off work and technically no doctor ordered it so workers comp will not pay him for this week.

He did not get a lawyer when this first happened. Maybe that is what he should do. He didn't want to do that because he loves his job and didn't want to make this hard. All he wants is to be whole again. Physically and finacialy to just be in the same position he was in before the intial accident that made him this way.

Thanks anyway but I wasn't giving you or anyone else here "attitude".
 

cbg

I'm a Northern Girl
Then I'm sorry if I saw something you didn't intend. The last part of your post came across that way.

I have had employees in approximately half the states but SD is not one of them, so I don't know if what you're describing is "normal" there.
 

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