Indecent Exposure

Rainbow of chemicals

Rainbow of chemicals (Photo credit: Wikipedia)

Can you catch a Worker’s Comp case?  Yes, you can if you are exposed to disease or chemicals through your occupation.  Most people would never have thought that this could possibly be the foundation of a Work Comp case:  the nurse that contracts Hepatitis C by an accidental needle stick after administering an injection to an ill patient; the shipper who is burned while transporting  chemicals that were improperly packed; the worker at the popcorn factory who inhaled the butter flavoring chemicals over the course of many years and developed lung cancer; the flight attendant who contracts tuberculosis through contact with an infected passenger; a teacher that develops respiratory problems after spending time teaching in a school that has high levels of mold.

The difficulty with occupational exposure cases is that it can often be hard to establish a relationship that the event occurred while working and created medical problems.  Many illnesses take months if not years to become apparent. This shouldn’t cause any worker to hesitate in proceeding forward with a case.  It will mostly likely require the services of a Work Comp attorney to fight on your behalf.  The insurer will pull out all the stops to create doubt and turn blame away from the company it protects: How can an affected worker say he developed lung cancer from chemical exposure when he spends time at a smoky bar?    Who is to say that a certain disease wasn’t caught in another place like on an employee’s recent vacation abroad? Could the nurse contracted her disease from her own health care providers?  The levels that these companies descend to in order to avoid responsibility is indecent in itself!

When it becomes evident to you that an exposure at work has caused damage or disease, it should be reported to your employer as soon as it is known.  The next step is to talk to an attorney familiar with the Worker’s Compensation laws in your area.

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Doctor of Denial

Stethoscope

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“It’s good to see you again,” the Independent Medical Examiner said.  How many times am I going to have to see this IME?  My first evaluation for the Work Comp Insurance Company didn’t go well. This “independent” doctor who hasn’t treated patients in decades, examined me for over an hour.  His conclusion?  I merely had a knee sprain/strain and that I have been completely healed.  The trouble is that was a misdiagnosis of my condition by the hospital where I was initially seen after my work accident.  Later tests and examinations showed that I never had a knee sprain/strain.  Absurdly enough,  I was therefore completely cured of a condition that I never had.  There I was, having to endure this torture all over again fully knowing that I was about to be denied continuation of my Worker’s Comp benefits.

This is what is wrong with the Worker’s Compensation Systems around the Country.  There is no policing or monitoring of the physicians that evaluate patients on behalf of the insurance companies.  To imply that one is independent assumes that this doctor has no stake or interest in the outcome of  the appointment.  This is not the case!  A high percentage of these IMEs derive their entire income from these evaluations.  They know where their proverbial “bread is buttered.”  If they side with too many patients, then the insurance company will not choose them to evaluate the injured workers in the future.  This could negatively impact their incomes.

Where does the American Medical Association stand on this issue?  In an article from their website entitled: “Opinion 10.3- Patient-Physician Relationship in the Context of Work-Related and Independent Medical Examinations,” it states:

“Despite their ties to a third-party, the responsibilities of …IMEs are in some basic respects very similar to those of other physicians…and IMEs have the same obligations as physicians in other contexts to:

Evaluate objectively the patient’s health or disability in order to maintain objectivity,…IME’s should not be influenced by the preferences of the patient-employee, employer or insurance company when making a diagnosis during a work-related or independent medical examination.”

Why is this practice the exception rather than the rule?  There is no system of enforcement or recourse against the IME. The various State Medical Licensing Boards tend to shy away from this issue.  The AMA, itself, has very limited power against their own membership.

The patient only has a limited doctor-patient relationship.  This physician is not responsible for the patient’s health.  However, they have an ethical obligation to disclose any abnormality they find during the examination. There have been instances where the IME notes a condition such as cancer on his report yet doesn’t inform the patient.  In this instance, injured workers have sued the IME and won from this failure to diagnose.  The AMA opinion addresses this as well.  “The physician has a responsibility to inform the patient about important health information or abnormalities that he or she discovers during the course of the examination.”  It goes further: “In addition the physician should ensure to the extent possible that the patient understands the problem or diagnosis.”

Most Independent Medical Examinations don’t favor the injured.  This doctor’s opinion helps the Work Comp Insurer to deny benefits and future medical treatment.  To be given such power without recourse by the injured party is unfathomable.  There is little that the patient can do.  Despite this, these doctors of denial continue to see them on a daily basis in the medical examination rooms around the Country.

Related articles:

http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion1003.page

 

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Acknowledgements: American Medical Association, Wikipedia

In Stitches

English: decent cartoon version of an american...

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Those of us that have been through the Worker’s Compensation process know that it is no laughing matter.  While doing research, I came across this article called ”Weird Worker’s Comp Injuries” that made me laugh.  Some of these descriptions of on the job injuries included:

 

“The fumes were so bad, that I was taken by them and went to bed with the doctor.”

“Hot grease splashed on me and fried my thumb.”

“I inherited this occupational disease.”

“In performing the job of which I am capable, I didn’t know the machine was on and showing my new helper what not to do and did.”

“My head injuries have created a permanent increase in libido which has led to two affairs and has ruined my marriage.”

If you want a good laugh too, you can find this article at the link below:

http://www.funny2.com/workerscomp.html

 

 

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No One Wins

 

Keep 'em fighting. Production wins wars. Stop ...

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Recently while visiting another city, I struck up a conversation with another traveler.  He asked me what I did for a living.  I told him but added that I hadn’t actually performed my job in almost four years as I was injured on the job.  I related that I was in a bitter battle with the Worker’s Comp Insurer.  This constant battle with the Insurer delayed the very treatment I needed to get better.  It took me one year after the accident to get approval for my first operation and six months for approval for the second operation.  I did not make a speedy recovery from either operation.

He shared with me his own story, from another perspective.  My new acquaintance owned a replacement window company.  One of his most dependable installers sustained an injury on the job.  This worker, too, was embroiled with the Worker’s Comp Insurer.  When this man found that this worker was having trouble getting the medical attention that he needed, he called the Insurer to complain.  With glee they told him that they had this worker under surveillance and were close to “finding some dirt on him.”  This boss was horrified.  It was winter and he needed all the window installers possible. The absence of just one installer took a toll on his business as well as the other installers who have to pick up the slack.  This boss also had a long-term working relationship with this employee and knew that he wanted to get back to work as soon as possible.  Necessary medical treatment and some time to heal was all that was needed for this installer and asked for from the Insurer.

He inquired, “You mean to tell me that I have Worker’s Comp insurance to protect myself but when one of my workers gets injured nothing is done for him?”  The Insurer did not have a good answer.  “Wouldn’t it make more sense to allow the medical treatment so that the worker could return to work sooner and get off of Comp?”  Still no good answer.  This situation was very frustrating for both employer and employee, alike.

No one wins in the Work Comp situation other than those that profit from serving the Insurer.  The employee not only endures an injury but an assassination of his character, as well.  The employer loses an often necessary and vital worker.  Worker’s Comp reform is needed and necessary.  Cases like this will continue and disrupt more lives unless there is legislation to prevent it.  It doesn’t look like this is going to happen any time soon……

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