For the past 8+ yrs I have been on two worker comp cases in Ca. I have had two spine surgeries after the last surgery I was given antibiotic that have caused me tendinitis. My doctor’s office has not followed up on my needs I have from the antibiotics. I have tendinitis in my Achilles tendon and left hand as well as both elbows. The request that has been put in for PT was denied even though there is much research and knowledge that these drugs cause tendinitis. The insurance co, Chartis, will not authorize anything and my lawyer doesn't follow anything up in court. The doctor thinks I'm lying and doesn't request any treatment in the past almost two years now. I am only 48 and falling apart what can I do?
Without speculating, I recommend the following:
1. Assuming you have not had a post-surgical MRI following spinal surgery #2 and are still experiencing symptoms from this injury, I suggest you obtain a new primary treating physician and request that he recommend this test;
2. Prior to "firing your lawyer", explain the problem and what you expect. If he or she offers no immediate game plan to bring about your desired result...then and only then do I recommend seeking new counsel;
3. Obtain a consult from an internist regarding your reaction to the antibiotic. They will most likely begin with a blood test to confirm that this isn't something else; and
4. Once your attorney has the appropriate medical report to support the medical reasonableness or necessity for the PT, he or she will most likely file for an Expedited Hearing to obtain court intervention.
Hang in there and hope this helped.
Michael Ian Rott, Managing Partner
HIDEN, ROTT & OERTLE, LLP
2635 Camino Del Rio South, Suite 306
San Diego, California 92108
Office: (619) 296-5884 ext. 14
Fax: (619) 296-5171
San Diego-El Centro
You have a workers' compensation claim. Problems arising from the treatment would also be covered under WC. If you aren't getting any satisfaction from your attorney, maybe it's time to start looking around. But before you do that, I would recommend you have a sit down with your lawyer and ask what he's doing with your case and where he sees it going. Tell him your concerns and ask what he can/will do to resolve those concerns.
Get free answers from experienced attorneys.
25,069 answers this week
2,661 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary