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I fell at work in february, main complaint was elbow pain, put me on light duty and sent me back, pain persistent and then sent me to specialist, doctor thought elbow broke or bruised and when mri revealed neither he diagnosed triceps tendonitis and started physical therapy which proceeded to cause more pain, called nurse to either get some kind of pain relief and to find out why more pain was caused. First reply was no stronger pain killers with no answer as to increased pain. I asked for 2nd opinion twice and was denied by insurance company. Went on my own to get one and doctor diagnosed tennis elbow and gave me cortisone shot (this was in may) and had an immediate relief from the pain. Called insurance carrier who still denied a second opinion and continued with physical therapy and told them of second doctors findings. When finally had the follow up with doctor told him what I had been through and asked why the physical therapy caused more pain. His reply was it shouldnt and he released me on the spot. When insurance company contacted me and asked for release I said ok but wanted an IME to confirm one of their diagnosis. Was given one and the doctor agreed with tennis elbow and told me to take care of the arm as if I didnt would constantly flare up and my require surgery which I know I dont want. Letter was sent to insurance carrier stating they had 15 days to comply with setting me up with a doctor, it has been over a month and they have not contacted me. Sorry for the long story, but finally the question is....should I get a lawyer to handle this as I am afraid when they do finally get around to sending me to a doctor it wll still be the same abrasive rude and condescending butt head I was seeing under them.
The above is from another thread you posted to and gives the most information. First, the term workers' compensation doctor is a bt confusing and I do not think you mean that the state sent you to a physician. When you say "specialist" what do you mean/ An orthopedic surgeon? What release was requested by what insurance company? A health insurance company has no interest in a work release. Please identify the parties by their specialty whether orthopedic surgeon, worker's comp representative, health insurance carrier, etc. If the doctor is employed or contracted directly by the employer please indicate this. It makes ALL the differenc in a workers' comp case. You cannot generally sue your employer or any physician employed by the company for negligence when the injury is cobered by workers' comp.
