Legal Question in Workers Comp in Virginia

workmen's comp doctor not properly listed the incident as a work related injury

I went to the doctor in july for pain in my neck, back and shoulder. I was diagnosised with tortocollis, then referred to ortho and neuro and both say this is not the case. claim was denied and i went back tot he doctor at patient first and asked him to give a detailed medical narrative report for the incident. now what he said i had was defined as a injury, so what caused the injury? ther eis nothing in his notes that state what caused the injury. he claims i never told himt hat it happened at work. then he goes an put in my medical record that i came in an insisted that the attribute the injury to a incident that happened at work. i only asked for this documentation because a lawyer told me too after reviewing my denial letter. the lawyer stated that he response to me should be translated with certian words in which i put in a written request to the doctor. when i went there for a follow up he never examines me and put this lie in my medical record. how do i go aobut getting this removed and the specialist i went to see has it noted in their records that i was moving boxes at work. if he said i had a injury shouldn't the chart say what caused it. he failed to do it and misdiagnosised me as well. i'm stressed out!


Asked on 10/06/07, 10:08 am

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: workmen's comp doctor not properly listed the incident as a work related injury

Dear Sir:

In order to have a compensable accident, you need to have a specific accident (not just general lifting of boxes). You need to have reported this "accident" to your supervisor. Normally, then an Accident Report will be filled out describing the accident and the injury. Then, the doctor should document the history of the injury he took from you. He then should link the diagnosis to the accident. If the doctor's report does not contain a history of the accident, then it prsents a problem because normally it does.

Jerry Lutkenhaus

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Answered on 10/06/07, 4:18 pm


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