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Employer & Injured Worker

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Nikrott

Junior Member
What is the name of your state?Texas
Oct. 27, 2000 I fell and badly injured both knees and my lower back. My knee injuries lead me to be diagnosed with Reflex Sympathetic Dystrophy (RSD). I am in a strange situation here. Since I was accessed a 59% Impairment by my Treating Dr. the Ins. Co disputed that to 15% and I then disputed that. So The Texas Workers Compensation Commission said I had to go see a state selected Designated Dr. This Dr. literally refused to look at injured body parts and my lower back at the very time I saw him was full of sutures from a recent permanent Spinal Cord Stimulator. My feet were a dark purple from the venous congestion I get due to my RSD in my legs. When I tried to get him to look at my lower back he refused. I then tried to remove my blue socks for him to see my feet he again refused to look. He maybe spent all of 2 to 3 minutes in total actually looking at me and he was so rough he put me into a full blown RSD flare up by his taking his hands and forcing my legs to bend and straighten more than I ever could without extreme pain. Then he walked out of the room and the nurse came in and said ok you can go now. His report came in and he said as far as my RSD he saw nothing ratable and the same for my lower back. How can he say he did not see if he did not look? Then a newspaper article ran on his AMA sanctions being taken against him for his lack of an adequate physical examination of a chronic pain patient. I then went to the Texas State Board of Medical Examiner's website and low and behold 4 days after I saw him he entered into an Agreed Order with them and paid a $5000.00 fine then the Agreed Order went into affect Dec. 13.2002. His license was restricted for 3 yrs. he had to attend numerous educational classes and be open to inspections of his RX logs and charts without prior notice. I lodged a complaint against him as he gave me a 13% Impairment rating since he said I had noting ratable. They do not put in these implants I have to the tune of some $26,000.00 up for no reason. In fact I had to have a Psyche. Eval, prior to getting the 1st implant. My Ins. Co. has accepted my RSD and lumbar injury and have in fact paid for it but refuse to pay me the Impairment Rating on it. Now since I cannot work now 100% Disabled and not getting any income benefits I have no ability to have an Attorney to help me fight this dispute of this Designated Dr. I recently went to a Contested Case Hearing and now find all the medical I submitted to my state assigned Ombudsman was not in fact fully submitted. Therefore if I can get an Attorney now I cannot use all of my medical records I submitted in District Court. Now the Hearing Officer for the Contested Case Hearing has ruled against me saying this Designated Dr. has "Presumptive Weight" and even with my 8 Dr's all diagnosis my RSD and the mere fact the Ins. Co. has accepted it only means a difference of opinion and the Designated Dr. has the greater weight. Now I filed complaints all over the place on this as this Dr's report was so full of errors also it was unreal. Then the Hearing Officer's decision is full of errors as well. Top that off with the Designated Dr. on the Texas Workers Compensation Commission Approved Dr. List does not have listed any sanctions or license restrictions. He even renewed all of this after he entered into the Agreed Order and before the Agreed Order expired. My Civil Rights have been violated here and Texas is allowing a crime to be made at my expense plus the expense of my Corporation that paid the heavy premiums for the Workers Comp Ins coverage. lHelp I am in need of legal help desperately for myself and my now closed business.
 



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