i am in a legal dispute with employer over injury at work.?

by admin on August 7, 2010

C-9 request for surgery on rt shoulder was submitted by my Ortho Dr ,employer denied me treatment,by stating injury was not work related .Hired lawyer ,claim went to the Industrial Commission of Ohio .District Hearing Officer approved claim
My Dr had already performed Orthoscopic Surgery ,but because employer is once again appealing further treatment was denied (physical therapy) so now 2.5 mths later Dr says surgery is needed again because no follow up treatment was allowed ,retore what he fixed ,and has now progressed into a worse condition,requiring even more drastic measures to fix .
My employer has hired a new team of lawyers to bring me down and now wants me to co-operate with them by seeing an employer paid Dr ,calling it an independent evaluation.
How can they call it that if they are paying for the visit ?
Can and or should I refuse to go ?
Is this now turning into personal injury case
This same employer didn’t call me an ambulance when I had a heart attack at work

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co ed August 7, 2010 at 2:28 pm

You need a lawyer and yes you have to let there doctor look at you but nothing else

Lawliet August 7, 2010 at 2:28 pm

Stop taking things too hard, you’re stronger then that.

Merve August 7, 2010 at 2:28 pm

Your employer is evil. I can tell by your question that you are 100% right. You should have your employer arrested. If the judge has any sense, he will have the employer sentenced to death by hanging and then will turn the whole business over to you. We know that you will treat all the employees fairly, because you fear Jesus!

Cary C August 7, 2010 at 2:28 pm

you should contact your lawyer for advice. Refusing may or may not be a good thing, so make sure you do the right thing. tell everything to your lawyer.

Mark H August 7, 2010 at 2:28 pm

This matter should be handled by a personal injury lawyer who specializes in workers compensation cases.

Amy B August 7, 2010 at 2:28 pm

You need a workers comp attorney (or one who deals with injuries.) Now. Look for one who has a good reputation. An initial phone interview should be free. If your case is valid, and you should win, your employers would pay his fees.

x--Bugsy--x August 7, 2010 at 2:28 pm

you need a personal injury lawyer, who will be able to advise you. But your 100% right, your employer just doesnt want to pay up for your medical bills.

Aliz August 7, 2010 at 2:28 pm

Get a lawyer and SUE his BUTT off. I think he would pay your bills instead of spending money to fight you and loose in court.
I live in Massachusetts and where I live there is a program called Workman’s Compensation administered by the state. They are the final word. So he is breaking the law.
I had an accident in 2001 and I am still getting medical coverage through that program. The accident was 6 years a go. I am now 70 and retired.
Make sure the lawyer’s major practice is in Workman’s Compensation.

Tobby August 7, 2010 at 2:28 pm

A friend of mine was jerked around by lawyers for over 5 years. He followed everything "their" lawyers said to do. His employer was not much help. Be patient! Dont do something stupid! this is what "they" want! Follow thru with what you began, & you may win like my friend!
Another instance I know of was the same way. Sooner or later, you’ll win, an they know it!

Triumph - I keed August 7, 2010 at 2:28 pm

Contact the Bar Association for a good lawyer

G W August 7, 2010 at 2:28 pm

I believe they have a right to have you examined by their Doctor (They must pay for it, of course). Have you considered contacting the National Labor Relations Board (NLRB) ? If they take your case they will provide lawyers free. BTW, because physical therapy was denied by your employer is not a good reason NOT to have physical therapy. Next time do the therapy on your own, if necessary and worry about the bill later. This sounds like A torn Rotator cuff. If it is, you MUST do the therapy or you could have major problems.

s and d e August 7, 2010 at 2:28 pm

the problem is that your in Ohio and the worker’s comp in Ohio is VERY different than it is in any other state. but–you need to hire your own attorney. the employer is allowed to call for an independent eval, but as long as your drs treatment notes support everything, the employer’s dr doesn’t have much of a choice. don’t refuse the appt but definately get an attorney. most of them will take the case and get $$ out of your settlement, and it suck to have to pay an attorney-but you’re going to need one. don’t turn it into a personal injury case—if you do that, you throw away any rights to pursue it as worker’s comp. the deal with the heart attack- you should have sued when it happend, but now it would just make you look "disgruntled" which usually ticks off judges. you might also want to request a case mgmt. nurse-they have to provide one if you ask for one. they are really good about making sure you get the care you need. good luck

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