Des Moines, IA asked in Workers' Compensation for Iowa

Q: Is a MMI required for every workers comp case? Dr. Released me with a 5 lb restriction and no over the head lifting?

He released me without addressing restrictions how does that work? Last restrictions was that above. Then referred me to Cervical Spine Dr. Then neck Dr says my injury is workers comp issue. Recommends surgery. But insurance says not work related due to degenerative arthritis but spine Dr and 2 of my personal Drs say my work exaburated my pre existing condition. Work Comp has authorized epidural shot and a selective nerve block in the neck but this is all been been done as a denied claim. Now not sure they will authorize what their own doctor has recommended (2 discs replacement) C4/5 and C6/7 disc. What are my options? How long does it normally take for approval or denial of a Drs. recommendation?

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2 Lawyer Answers
Stephen Douglas Lombardi
Stephen Douglas Lombardi
Answered
  • West Des Moines, IA
  • Licensed in Iowa

A: Since July 1, 2017 you don’t have a chance to win without a lawyer, but finding one is not all that easy. When and how, when and how? What no injured worker seems to appreciate is how they are viewed by the authorized treating physicians. You are the product, not the client. The doctor doesn’t represent (or care) about your wellbeing. The only thing they care about is getting the client to send them more injured workers.

Your questions are not so easily answered. Get out and vote. And if you care about a legal don’t vote Republican.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
Answered
  • West Des Moines, IA
  • Licensed in Iowa

A: An adult person who works for a living and who has degenerative arthritis! I’m shocked! How did that happen?

Or, is the point that this is just another fake opinion and fake denial?

Most of the authorized treating physicians [ATP] are handpicked by the insurance company. That creates a conflict of interest and a bias against the injured worker.

Do you know why? Take a guess about what you are to them. The injured worker is not the doctor's client or the customer; the insurer is the client and customer.

Guess what you are. Go ahead and guess. As the IW, you are the product.

Most ATP's look for any reason to say it is arthritis. Except in Iowa an injury is still covered under Chapter 85, even if they had arthritis. Dah! This Iowa workers comp system is so corrupted I can't even begin to list the ways. It's ridiculous.

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