Welcome to the 7th installment of my summer long series on Georgia Workers’ comp case studies. In the following case study, I discuss a recent workers compensation case involving a severe ankle and foot injury.
Severe ankle and foot injury Workers’ Compensation case
This case involved an ankle injury incurred by woman (Mrs. K) who worked in a warehouse environment. While moving a bulky 250-pound steel panel, Mrs. K and her co-workers paused to rest after moving the steel panel only about 10 feet. The panel became extremely unsteady and fell on her Mrs. K’s foot, snapping and breaking the ankle and foot. Mrs. K was immediately rushed to her local hospital’s ER where she would undergo surgery to stabilize and immobilize the fracture.
After her surgery, Mrs. K was referred to a physician from the posted panel of physicians who saw her 3 days after her surgery. Despite the severity of her fracture, the panel physician did not take X-rays to evaluate the union of the bones, nor did he conduct any nerve function tests to evaluate any possible loss of function. Instead he left the cast on and prescribed pain medications.
After just over a week living in intense pain, Mrs. K. found me through my web site and retained me to represent her. After reviewing the medical record, it was obvious to me that Mrs. K needed additional surgery and she needed a surgical consult quickly. I contacted the insurance adjuster and persuaded the adjuster to refer my client to a foot and ankle specialist. The foot and ankle specialist diagnosed the foot fracture as a “displaced” fracture, meaning that another surgery was needed and that plates and screws would have to be used to stabilize the foot. This, of course, means that a third surgery likely would be necessary to fully or partially remove this hardware.
Because of the delay in getting Mrs. K to the appropriate physician, she suffered complications – ecchymosis (skin discoloration) up the leg to her knee and neuropraxia (loss of nerve function) throughout her foot. In my opinion, these complications would not have occurred, or would have been less severe had the 2nd surgery been performed earlier than it was.
Mrs. K is still recovering from surgery. Her job had required her to stand, squat, lift and stand, and she cannot perform the duties of her past job. Rehabilitation is proceeding slowly and I estimate that she will be out of work for at least 6 to 8 months.
Mrs. K has not yet had her second surgery and it is not clear to me how invasive that second surgery will be. I expect that we will make a settlement demand either before or after the second surgery.
In my view, this is a case in which the insurance company’s delay and their reluctance to get Mrs. K to the right doctor quickly on what was clearly a surgical case will dramatically increase the settlement value of this case. More importantly, I am of the opinion that my client’s health was compromised by the insurer’s delay, not to mention the unnecessary suffering she experienced. I further suspect that had she waited 3 or 4 weeks before hiring me, a second surgery would not have been scheduled as the initial panel doctor seemed oblivious to the severity of this injury.
This case illustrates the importance of recognizing that medical treatment under workers’ compensation can be substandard and inadequate. The panel doctor’s motivation and loyalty was not to his patient, but to the insurance company. Ironically, the panel doctor’s failure to act will end up costing the insurance company more money.
Filed under Case studies, Foot/crush injuries, Medical Care by 
Welcome to the 6th installment of my summer long series on Georgia Workers’ comp case studies. In the following case study, I discuss a case in which a client’s neck injury was made worse by a return to work.
Cervical injuries made worse by returning to the job
Mrs. B is a 20-year employee of a medical practice. As the office manager, she was involved in all facets of managing the practice, including patient care, insurance submission, and handling other patient paperwork. Mrs. B is also a licensed practical nurse and she also served as a nurse, frequently making rounds with doctors at the hospital during her work shift. Mrs. B was injured when she felt a “pop” in her neck while assisting two co-workers move office furniture and other office equipment.
After moving the furniture and equipment, Mrs. B started to experience severe pain in the arms and neck. Additionally, she noticed that she had numbness and pain in her right leg. Despite her pain and numbness, Mrs. B. returned to work the next day and continued working for 9 full months until the pain and discomfort became so intense at she could not function. Finally, Mrs. B returned to the panel physician who took her out of work and prescribed pain pills and physical therapy.
Perhaps because Mrs. B has a medical background, she sensed that the care she was receiving under workers’ compensation was not sufficient, so she decided to seek counsel, even though she was receiving her weekly income benefits of $500 per week and the employer/insurer was not denying her claim.
When I got involved in this case, I recognized that Mrs. B’s injury was most likely a surgical problem. After reviewing literally thousands of pages of medical records, I have a fairly good sense of which doctors I like my clients to see for various medical problems and I wanted Mrs. B to see a particular surgeon. The insurance adjuster would not agree to my preferred doctor so I directed my client to return to her panel physician and request a referral to this particular doctor, which he agreed to do. Under Georgia law, this referral from an authorized treating physician to another physician must be honored by the insurance carrier and the adjuster reluctantly agreed to authorize my preferred surgeon. In my view, all parties – my client and the insurance company will benefit from this surgical referral as my preferred surgeon is one of the best specialists in the state for neck surgery.
Mrs. B underwent a multi-level cervical fusion and followup rehabilitation. Mrs. B had expressed a desire to return to her job but, as I expected, the insurance carrier demanded a resignation as part of any settlement. Mrs. B recognized that she would not be able to return to her past work and she authorized me to enter in to settlement negotiations. Our final settlement consisted of cash and 24 months of “open medical” care with the surgeon
Filed under Back & neck injuries, Posted panel of physicians, Settlements, Stipulated settlements by
Welcome to the 5th installment of my summer long series on Georgia Workers’ comp case studies. In the following case study, I discuss a workers’ comp case involving outstanding medical bills.
Outstanding medical bills and your credit
One of the most common sources of damage to a person’s credit is outstanding (unpaid) medical bills. If you are injured on the job, your medical bills should be covered by your employer’s workers comp insurance company. Not surprisingly workers’ compensation insurers can be slow in paying medical bills and your credit may be the casualty in such a situation. I have been retained by several clients to handle this issue because of the frustration and anger they feel when bill collectors start calling about medical debt that should have been paid weeks or months earlier by the insurance company.
Group Health vs. Workers’ Compensation: a Recipe for Confusion
Under Georgia workers’ compensation law, bills relating to your treatment from authorized treating physicians must be paid timely. The law also provides that workers’ compensation insurance is “primary” – meaning that group health does not come into play when there is valid workers’ comp coverage. Sometimes injured workers submit bills to a group insurance company because a supervisor instructs them to do so or because they do not realize that workers’ compensation is the primary insurance source.
If the group health carrier identifies your claim as a workers’ comp. claim, it will deny coverage. If the physician’s office has coded the claim incorrectly it may send your account to a collection agency. You may be caught in the middle trying to explain to a disinterested bill collector that your bill is covered by insurance, or you may find that the “authorized” treating doctor will refuse to treat you because of “unpaid” bills.
Recently, I represented an injured worker who found himself facing both collection and a refusal by his doctor to treat because of the outstanding balance. When we settled this case, I insisted that a provision for future medical care must be included in the settlement. Our settlement provided for:
- monetary compensation for my client in the amount of “X” dollars
- a confirmation that the health carrier has paid for all the current bills and will pay for any future bills from Dr. “W”
- Dr. “W” must confirm with the group carrier that he does not need any further reimbursement until further services are rendered
- medical payments and TTD continue being paid to my client pending approval of the settlement by the State Board
Please feel free to call me at 770-351-0801 if you are getting the run-around with regard to your medical bills or medical treatment.
Filed under Case studies by
Welcome to the 4rd installment of my summer long series on Georgia Workers’ comp case studies. In the following case study, I discuss a case involving a long-term employee who sustained multiple job injuries.
The case of “Mr. F,” a long-term employee with multiple injuries
“Mr. F” has been employed by his company for 26 years as a machine operator and is required to maintain, repair, and run the machinery he is responsible for. He also operates a forklift in order to stock supplies. As a result of his job responsibilities, Mr. F sustained significant cervical and lumbar spine injuries as well as significant knee damage. His medical records indicate that he has continued to encounter pain and problems in these physical areas.
Mr. F’s treating physician (Dr. V) firmly believes that knee surgery is inevitable and that cervical and lumbar spine pain will be ongoing. To date, Dr. V continues to provide Mr. F with treatment in the hopes of relieving his pain. Due to the fact that the TTD has been reduced, Dr. V placed the man on “no-work” status so he did not lose the original amount of compensation for being unable to work due to his injuries. PPD ratings were also assessed which will be due and payable in the future.
Given the nature of Mr. F’s injuries and the residual problems which resulted from performing his job and will continue for years into the future, it is evident that his employer and insurer are responsible for compensating the man. As a result from the aforementioned circumstances, we have demanded a settlement in the amount of “X” and are awaiting a favorable settlement of our client’s case.
Filed under Back & neck injuries, Case studies, Shoulder & Knee injuries by
Welcome to the 3rd installment of my summer long series on Georgia Workers’ comp case studies. In the following case study, I discuss workers’ compensation and repetitive motion injuries.
An overview of DeQuervain’s Syndrome and Lateral CTS
DeQuervain Syndrome is also nicknamed Mother’s Wrist or Washerwoman’s Sprain. In more medical, technical terms it is known as de Quervain’s tenosynovitis, de Quervain’s stenosing tenosynovitis, or Radial styloid tenosynovitis. DeQuervain’s syndrome is an inflammation (or tendinosis) that occurs in the sheath or the tunnel which surround the two tendons which are responsible for the thumb’s movement.
Carpal Tunnel Syndrome or CTS is also referred to as median neuropathy at the wrist and is a condition that results from a compressing or pinching of median nerve in the wrist area. It typically leads to extreme pain, muscle weakness, and numbness of the hand. Night symptoms and waking up off and on are characteristics of CTS as well. The definitive or standard treatment of the condition is a surgical procedure known as carpal tunnel release.
It should be noted that although this surgical procedure effectively relieves the symptoms of CTS, established nerve dysfunction in the form of atrophy, constant or “static” numbness, and weakness are all permanent. Ironically, most CTS cases do not have a specific cause, and some individuals are predisposed at developing the condition based on genetics.
Workers’ Compensation case involving repetitive motion injury: The case of “Ms. C”
Our client, Ms. C, was diagnosed with bilateral CTS as a result of her repetitious work in cake decorating. According to Dr. D, she was diagnosed with “bilateral DeQuervains tenosynovitis and ulnar nerve injury.” As a result of Ms. C’s injuries, she underwent surgeries on both wrists. About 6 weeks later, she went through surgical procedures on the left wrist – carpal tunnel and DeQuervains release surgery.
Ms. C continues living in pain today, even after the different surgeries were performed. Pain is prevalent especially in the hand, at the incision, and in the wrist area. She is currently undergoing physical therapy and has limited range of movement (ROM) as well as the pain mentioned in the above areas. It is evident that she will continue to remain under medical care as well as receiving TTD for quite some time.
Given the residual problems that exist and her surgeries, the PPD (Permanent Partial Disability) rating of each wrist is 10%. Additionally, due to the repetitive nature of Ms. C’s work, it is very obvious that her capacity to perform her job has been severely limited and she will experience continued levels of pain. As a result of her case, we have demanded “X” amount in her Workers’ Compensation case and are awaiting settlement
Filed under Carpel Tunnel, Case studies, Georgia Workers' Compensation by
Welcome to the 2nd installment of my summer long series on Georgia Workers’ comp case studies. In the following case study, I discuss Reflex Sympathetic Dystrophy (RSD) and Workers’ Compensation.
What is Reflex Sympathetic Dystrophy?
CRPS or complex regional pain syndrome as it is technically known by is a progressively chronic disease that is characterized by changes, pain, and swelling of the skin. It is a disease which to date has no cure and has been divided into 2 categories (see below). Nerve lesions are often present after the injury has occurred.
CRPS Type I was originally called RSD or Reflex Sympathetic Dystrophy, and Type II was originally known as Causalgia. The key difference between the two types is that Type I does not typically result in nerve lesions whereas Type II displays significant nerve damage. Not only is there no cure for the disease, there is no apparent cause to this condition. Injury followed by surgery is typically a precipitating factor. However, there have been cases documented that show no injury actually occurred to cause CRPS or RSD.
Workers’ Compensation and RSD: The case of “Ms. F”
The case involving Ms. F, a Macy’s sales associate, is one in which she suffered an RSD injury as a result of a heavy sales sign falling from a display table and injuring her left ankle. Her pain was immediate and she was taken out of the store in a wheelchair. She was taken to the ER at a local area hospital where she was diagnosed with a contusion and laceration of the left ankle. Upon receiving her diagnosis, Ms. F was then taken to urgent care for further treatment. Unfortunately, her pain was not reduced.
Ms. F was then referred to an orthopedist (Dr. C) who treated her in conservative fashion. However, this did not diminish her pain levels either. Additionally, she was unable to walk. As a result of her inability to walk and her pain levels, Dr. C ordered an MRI which revealed the extent of the damage to her ankle. The metaphysic area of her distal femur had a small lesion apparent in the MRI. Dr. C determined that this was indicative of an RSD injury and he then referred Ms. F to Dr. L who performed NCS (Neurocardiogenic Syncope).
Dr. L determined that Ms. F has suffered a “2nd degree left peroneal motor nerve injury distal to the ankle.” In simple terms, my client had sustained permanent nerve damage due to the work injury. Her injury had already required extensive and costly treatment, and it would likely continue to do so.
To this date, she is under a new doctor’s care; Dr. L referred her to a RSD specialist. The client has been unable to work since the date of the incident, and it appears that she will be out of work indefinitely. Based on the above circumstances, our firm demanded “X” amount as a settlement for Ms. F’s case, and we successfully got our client the settlement she needed to cover the costs of ongoing medical care, lost income from not being able to work, rehabilitation costs, etc.
Filed under Case studies, RSD by
Case Study: Injured worker’s employer illegally discourages him from pursuing workers’ comp benefits
Throughout this summer, I plan on posting several Georgia workers’ compensation case studies. These case studies involve actual cases I have managed in recent years, and they often touch on many issues people may face when going through the workers’ compensation system in Georgia. All names of clients, employers and physicians will be changed so as to protect the privacy of my clients. Today, we will discuss the case of “Mr. B,” an injured worker whose employer tried to pull an illegal move and direct him to pursue an insurance claim with his own insurer rather than pursue workers’ comp benefits.
The Workers’ Compensation case of “Mr. B”
Mr. B was injured on the job when he lifted roughly 100 pounds of rubber materials. He injured his back as a result of the accident, and he also reported pain radiating down into his legs. He was referred to Dr. G for immediate conservative care, and soon after initial treatment, the client was referred by Dr. G to Dr. C for lumbar spine surgery. The goal if surgery was to repair a herniated disc and relieve his continual radiating leg pain. Once Mr. B successfully completed the rehab phase of his treatment, he returned to his place of work roughly 3 months after the surgery was performed.
Unfortunately, Mr. B was only able to work for 2 weeks; his back and leg pain flared up again, preventing him from working. Dr. C placed him on “off-work” status, and the client stayed out of work accordingly. According to medical records, both doctors G and C agreed that his injuries were work related, and both persisted in obtaining authorization from Workers’ Compensation.
However, a problem occurred in this case. The employer discouraged our client from pursuing workers’ comp benefits based on his job accident. Rather, the employer insisted that the employee take the issue to his own insurance carrier and file it as an LTD (Long Term Disability)/STD (Short Term Disability). This is highly illegal, especially since there was clear evidence that our client had been injured on the job. Even early paperwork from the employer indicated that this was a job injury. Therefore, according to Georgia workers’ comp law, out client was clearly entitled to workers’ comp benefits.
When we stepped in, we helped our client realize that he indeed needed to pursue his workers’ comp claim and then started looking at the specifics of his case so that we could prepare a settlement demand. We helped our client settle the case for a fair amount, and he now receives TTD benefits and will be aptly covered for any future medical costs.
The point here is that if your employer tries to discourage you from pursuing workers’ comp benefits and instead suggests that you pursue your own insurance claim, then you should realize that this is illegal and that you should probably speak with an attorney who can help you better understand your claim. A workers’ comp attorney’s job is to make sure you get the benefits you deserve and need, as well as to make sure your employer doesn’t pull any illegal moves.
Stay tuned for additional case studies!
Filed under Back & neck injuries, Case studies by
