Caddo Mills, TX asked in Workers' Compensation for Texas

Q: Work Comp Peer Review says surgery, but they won't approve pre-auth for it. What do I do?

I work for a school district and fell on campus. Over time my injury was getting worse, even though I sought treatment that day and months after. TASB had a peer review done that agreed my injury was likely caused by a fall and that surgery was recommended. After working with my dr to remedy the injury less invasively, surgery is now what my dr wants to do. When they submitted for pre-auth, TASB is denying. Appeal was also denied. IRO has been filed, but what are my options going forward? How can they say surgery is recommended yet deny it when the time comes?

Related Topics:
1 Lawyer Answer
S. Michael Graham
PREMIUM
Answered

A: The adjuster on your file does not have medical training so whether the surgery is reasonable and necessary is subcontracted out to medical specialist that determine whether the requested procedure meets ODG guidelines. If the LHL-009 (Request for IRO) is not successful, then I would recommend you put the procedure on private health. You do have the right to have a hearing but these are almost never done due to the difficulty of actually winning after the IRO says your surgery is not reasonable.

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.