There isn't much to note today except for a phone call I had with my lawyer today. Workman's Comp is denying things left and right these days so I had to see what my lawyer was doing about it. I found out that they are getting a deposition from Dr. Brooks. He is the QME (Qualified Medical Examiner) who did my "examinations" for Workman's Comp. He is an old fossil. In January of 2009 he gave his official report that said I could go back to work, I couldn't lift anything over 50 pounds, and that all I needed was physical therapy and back rub creams. He also said I didn't need any surgery. TOTAL CRAP!! I tried to get a second doctor to do the examination, but Workman's Comp said no way.
I went back to Dr. Brooks in May of 2009. This time he said I had real problems like not being able to walk, stand, sit down, or sleep. He said I shouldn't lift anything over ten pounds. Why the change? I didn't take any pain medication before seeing him. He requested that I get a new MRI and EMG (electromygram). EMG tests for nerve damage. The test came back positive.
Dr. Brooks (Shown here) then wrote his final report for Workman's Comp and based on the EMG and the things he said in May I felt pretty positive, but it was totally premature and my faith was unfounded. In his final report he took out everything about my sleep problems, said I shouldn't lift over 50 lbs, nothing about my inabilities to walk and stand and so forth. He said I should have epidurals and if that didn't work, a discectomy. At the time of the report he knew that I'd already had four epidurals in June. He also knew that I had two other doctors say that my disk was almost gone and I needed fusion surgery. Dr. Brooks left all of that information out. When I called to find out why he did that his nurse gave me a line of crap about, "in his expert opinion."
So my lawyer has supinad all of my medical records from the two doctors who said I needed fusion even if it didn't relieve the pain. With those records and all three reports that Dr. Brooks wrote up, he will depose the Fossil of a doctor and ask why there are inconsistencies in his own reports and why he contradicts the other two professional medical opinions. This will take place in May.
Most of what Workman's Comp is denying is what they claim took place after the statute of limitations, which is bogus because everything is a continuation of the original injury that was claimed on the day it occurred like it was supposed to be.
An interesting thing has changed in Workman's Comp position. Originally they were trying to say that my back problems had little or nothing to do with the original injury, but when my lawyer says I have depression problems now because of them and he wants to do a colonoscopy and endoscopy to see if the pain medications have done damage while making me constipated, all of a sudden Workman's Comps says they are willing to except full benefits for my back problems. They just won't except the depression or stomach problems because they are just finding out this stuff even though I told their doctor two years ago I was feeling depressed. He told me that it was a problem I needed to see my primary care doctor about and never noted it in my medical record.
I've said it once and I'll say it again. Workman's Comp is a fraudulent and criminal organization. Their "doctors" are like their henchmen in their employ. I don't know how anyone who is sane would work for Workman's Comp Insurance. How can they live with themselves or sleep at night? One thing is for sure... they know they damn well better not get injured on the job because they know first hand that the system is a complete sham.
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