Des Moines, IA asked in Workers' Compensation for Iowa

Q: Had a neck claim denied and shoulder claim accepted but after 4 months shoulder doctor says mri was normal for shoulder.

Shoulder Dr referred me to Cervical spine Dr and they have been treating neck does this mean it’s been accepted?

Related Topics:
1 Lawyer Answer
Stephen Douglas Lombardi
Stephen Douglas Lombardi
Answered
  • West Des Moines, IA
  • Licensed in Iowa

A: No. Not accepted unless you have a letter from the insurance adjuster that says it is an accepted claim.

They don't want to accept the claim because it will entitle you to industrial disability (a higher benefit). Iowa workers' compensation has become a game of one denial after another. The doctors picked by the employer's and their insurers are nothing but whores handing out opinions that will get them more business.

To the doctor you are not the customer, you are just the patient. And in Iowa it is not the injured worker who directs the business. So, at least in their mind, you don't count. It has been this way since July 1, 2017 when the Republican controlled legislature made major changes to the workers' compensation program. The shoulder is "accepted" because to them it will cost them less.

Is there a ruptured disc in your neck?

You need a lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.