Legal Question in Workers Comp in Kansas

Question about Judge's Order

My injury was 2005, I've had 2 knee surgerys and 1 total knee replacement.

Treatment has been requested for carpal tunnel, back, and the right knee.

I received the judge's order in the mail today per this request.

Here is what it says:

Administrative Law Judge pursuant to KSA 44-516 appoints DR. XXX as a neutral physican to examine and evaluate Claimant's right knee, right upper extremity, and back. To make treatment recmmendation, if any. If no treatment is recommended, Dr. XXX is to offer rating and restristions.

I do have a couple of questions about this order.

Have my injuries, carpal tunnel & back been accepted?

The right knee I previously had meniscus surgery (A wc injury--name removed--

since the replacement of the left knee I have started having problems with the right knee.

My other question is; the orthopedic surgeon doing the IME does not do backs or joint replacements. He refers patients needing these services to other surgeons. This information came from Dr. XXX office.

Two of my injuries are not his area of speciality--name removed--

Can I request another doctor?

Thank you

Kay


Asked on 1/23/09, 5:30 pm

1 Answer from Attorneys
Jim Wisler James L. Wisler Law Offices

Re: Question about Judge's Order

First of all, do you have an attorney representing you in this case? If so, I advise you to ask him these questions. If you do not have an attorney, I suggest you hire one to represent you on your claim. These are complicated matters which the insurance carrier knows well. Division statistics show that claimants with attorneys get more compensation than those without attorneys, even taking attorney fees into account.

Assuming you don't have an attorney, I can tell you that it is not unusual for the ALJ to appoint a neutral physician. The ALJ may well just follow that opinion, depending on who your ALJ is. Only the insurance carrier can state whether all of your claims have been accepted. If you have had a prehearing settlement conference (which is usually the case if a neutral doc has been appointed) you should know the carrier's position on your injuries. I am not clear which knee was injured, since you refer to treatment for the right knee, but a replacement of the left knee. You also refer to replacement of the left knee after having problems with the right knee. If an injury to one knee causes problems with the other knee because you have favored the good knee, the injury to the "other knee" is compensable.

A neutral doctor does not have to do surgery and many of them don't. There may be grounds to object to the neutral doctor if you think he is just not qualified, but it is difficult to get a change of neutral doctor.

Good luck.

Read more
Answered on 1/25/09, 10:23 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Kansas