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NYS Workers' Comp: Rebut the Sept. 19, 2019 IME report of Dr. Robert S. April’s
作者:WangLimin
发表时间:2019-10-02
更新时间:2019-10-02
浏览:93次
评论:1篇
地址:2604:2000:b808:6f00:.
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Limin Wang
136-09 59th Ave
Flushing, NY 11355
Oct. 1, 2019, Tue

State of New York
Workers’ Compensation Board
PO Box 5205
Binghamton, NY 13902-5205

WCB Case #: G2029240
WC Insurance Carrier Case #: 18D48F512440
Date of Injuries: Jan. 16, 2018
Employer: B.Q. Wide Auto Body Parts Supply, Inc.; KSI Trading Corp; TriNet/Strategic Outsourcing Inc.
Stated Insurance Carrier: Indemnity Insurance (Co) of North America
Third Party Administrator: Cannon Cochran Management Services, Inc. (CCMSI)

Re: Rebut the Sept. 19, 2019 IME report of Dr. Robert S. April’s

Dear WCB, WCLJ, CCMSI adjuster Ms. Lisa White,

From the claimant’s party only, I represent myself to have to frankly and strongly disagree the “objective” findings by Dr. Robert S. April’s “Independent Medical Examination.”

Dr.RS April’s report attempts to not only justify the denial of Dr. Mehrdad Golzad’s prescription of “additional balance and vestibular therapy”, but also to clearly state the rejection of the diagnosis of “cerebral concussion” (Dr. RSA’s phrase) or of “postconcussion syndrome”, “PCS”, “traumatic brain injury”, etc, in Dr. M Golzad’s reports. Dr. M Golzad prescribed “physical & balance therapy” on Aug. 15, 2018, after the physical therapy was abruptly stopped by another clinic, New York Medical & Diagnostic Center, in around early May, 2018. Since that abrupt moment to today, I have not been specifically instructed by any party, any person, that “physical therapy” has been prescribed by any other physician or has been authorized by any party. What’s the point of the word “additional”? because the Aug 06, 2019 prescription by Dr. M Golzad does not include “physical therapy”, and I have been answered numerous times by Dr. M Golzad’s office that his office does not treat spine injury and related symptoms. Later, opposing parties may falsely blame me again without my knowledge for not going for “authorized” “physical therapy”, since such false accusation of the “authorized” “physical therapy” upon NYMDC’s request was exposed from a Jun. 28, 2018 IME report by Dr. Julio V. Westerband. Also, I believe this IME is just another attempt to delay the so-told-required authorizations to proper diagnosis like MRI, proper treatment, compensation, reimbursement, and the pursue of justice.

Beyond these, some expressions in this IME bothered me, such as “There is no evidence from the data I have reviewed that this claimant suffered objective loss of consciousness, posttraumatic amnesia, or persistent, objective problems with balance.”, “In the case of this claimant, the only significant objective finding reported was a positive Romberg in the tandem position.” While Dr. RS April attempts to explore other possible causes to blame, he somehow confirmed some “concussion” symptoms, by stating “There are many other causes of the subjective symptoms associated with concussion ------ namely, headache, inability to concentrate, depression, and subjective dizziness.”

It bothers me. What makes Dr. RS April’s expression/opinion “objective” and my medical complaints, which were often neglected or changed by other parties, “subjective”? There had been some tests involved with machines, which were not easily understood by lay people how they were manipulated. Dr. John M. Caridi’s review of the April 12, 2018 MRI digital images of my cervical spine included such statement, “significant central canal stenosis, spinal cord compression and evidence of signal change in the parenchyma of the spinal cord”, should this be considered another “objective” finding by a right specialist physician? Dr. RS April stated to have reviewed, “Reports dated April 4, 5 and 8, 2019 by Dr. John Caridi were noted”. Why it is stated as such? There was only one visit from me to Dr. JM Caridi, and it’s on April 4, 2019. If Dr. RS April had really reviewed the medical files, why he selectively does not take other neurologist’s opinion as “objective” about MRI digital images? I do not know why there are five editions of the C-4.2 & narrative reports in the WCB case folder about that April 4, 2019 visit, and I do not get the answer why the later editions even deleted the MRI referral for my spine. IT IS BECAUSE THE INTENTIONAL AND COORDINATED COVER-UP OF MY HEAD AND SPINE INJURIES MAY BE EXPOSED BY REALLY OBJECTIVE HIGH-QUALITY MRI. Simply go to the other extreme of diagnosis. Manual tests when performed simply but properly may or may not be understood by lay people too. The following sentence in Dr. M Golzad’s Feb. 14, 2018 report, “Plantar reflexes were flexor bilaterally,” is another negligible “objective” finding to Dr. RS April?

The Dr. RS April report goes to educate about “concussion”, stating one of its “accepted diagnostic criteria” is “the absence of intracranial abnormalities on conventional imaging.” The interpretation is that by X-ray radiation, if abnormalities inside the skull are detected, then the brain trauma should be evaluated severer than “concussion”; If absent, X-ray itself can not exclude “concussion”, because X-ray radiology is not sensitive enough for soft tissues like brain. However, X-ray is an ionizing radiation, a serious risk to health which may lead to cancer. I was never told by physicians about risks and side effects. When I brought up the risks and side effects, I didn’t see others’ share of responsibility. Also, what if intentional? Why practically impossible to be intentional? X-ray radiology is cheaper to the employer/insurance, and mainly on bones. A negative finding by a low-resolution technique X-ray on bones does not mean a negative finding on the crucial and delicate brain and spinal cord and nerves.

Also, I have trouble with NUMEROUS specifics stated on the listed medical files (in a little less than a page in Dr. RS April’s report) which Dr. RS April reportedly had reviewed. I would name some here. Simple fact such as date of service (DOS) of many medical reports is even listed wrong or signs serious problems. There was no visit from me to NYMDC on Jan. 06, 2019; the actual medical visits to NYMDC were on Jan. 16, and 29, 2019. The NYMDC report wrote only about Jan. 16, 2019. Why reports by Dr. Mehrdad Golzad from only February 14 to March 05, 2018 were reviewed? Another IME by Dr. JV Westerband requested by employer/insurance was generally introduced as “narrative report”? Although I requested multiple times for a second MRI on head, I have not been provided such a referral and have not done a such. How there is a head MRI on Feb. 15, 2019 as listed in Dr. RS April’s report? Also, the 1st cervical spine MRI without contrast was done on April 12, 2018, not Feb. 15, 2018. While there are some MRI and X-ray digital images available at the radiology services, why only some “photocopies” of MRI images were reviewed to reach an “objective” opinion to disserve the patient? What are the discernable features on these MRI “photocopies”? May I have an exact same copy to check their content and quality? Because the scanned images in the WCB eCase folder are unrecognizable for information. Why the report stated as “persistent residual headaches” while my written and spoken complaints include “constant, moderate to severe, headache”? My written statements about the fall from the 8-ft broken stepladder (which must had been meticulously tampered by perpetrators) and my symptoms in recent months have been in the WCB case folder since June 2019, and more recent versions were provided to some physicians. Why such statements directly from the injured worker without the restraint of a prefixed form were not included in this “independent medical examination” of files only? Why is not the “independent” so subjectively biased against the injured worker and selectively based on some physicians’ “impression”?

I have started to state openly that this is a premeditated and coordinated murder attempt veiled as a work accident to me. It’s so difficult for me to have the proper diagnosis and treatment since the date of injury. The obstacles come from so many parties and exist at almost every step. For just one example, it took me great effort to find a physician, Dr. John M. Caridi, to provide me a referral for MRI’s on C-, T-, and L-spine, but the consistent resistance from so many parties to possible objective findings by an honestly run MRI machine and an honest professional is so subjectively tremendous. They have been preying on the victim’s immigrant background and no good familiarity with the law, culture, and medicine. For the sake of space, by now I would leave many specifics wrapped. But I am determined to fight with my residual strength for justice, health maintenance, and compensation, against whatever levels of powers, because they deliberately want me to suffer and to die.

I have sustained severe head and spine injury due to that fall on January 16, 2018 at work. Dr. Mehrdad Golzad’s office has been dealing with the head trauma only, while physicians from New York Medical & Diagnostic Center did treatment on the whole spine but had not reported as spinal cord and nerves injuries. The traumatic situations have indeed deteriorated, and if I am forced with no choice but to help myself only by myself, I must rise up to my ultimate limit for the challenges.

For the Oct. 03, 2019 hearing, I plea for a referral note and said required “authorization” of MRI on head, cervical and thoracic spine. The Aug. 15, 2019 C-Spine MRI without contrast was not done to its reachable quality on a 3 Telsa Siemens machine and the axial series did not cover the immediate adjacent occipital condyles in the crucial craniocervical junction area, where must have serious trauma. There is evidence that my thoracic spine has been seriously injured too.

Very Truly,

Limin Wang
Injured Worker&Claimant

P.S. I don’t know why the Robert S. April was also sent to my former Workers’ Compensation lawyer’s law firm, Bangel, Cohen & Falconetti, LLP. Would BCF deal with the medical issues now? If BCF has interest in representing me the injured worker and claimant for my recovery and interests, I hope that they please address many serious issues for me, specifically, others’ intentional cause to my fall, the many obstacles to proper medical diagnosis and treatment immediately since my fall, the more than 8 months of no compensation of whatsoever, the long-term proper medical care, the compensation about the permanent damages, and the possible future vocational rehabilitation and assistance, the said unpaid medical bills, etc, for the workers’ compensation case.

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1   [WangLimin 于 2019-10-17 16:52:33 提到] [FROM: 2604:2000:b808:6f00:.]
email sent to WCB, Insurance Adjuster,
Employer/Insurance's law firm about the Nov. 14,
2019 10:30AM IME with Dr. Robert S. April.

Oct. 17, 2019 Thu

Good afternoon, WCB, Adjuster Ms. White, and Jones
Jones,

I received the USPS mail from Brookside
Consultants, Inc (120 Madison Street, Suite 100,
Chittenango, NY 13037) about the Nov. 14, 2019,
10:30AM appointment for your requested IME with Dr.
Robert April (M.D.-Neurology, 120 E. 86th St; 2nd
Floor, New York, NY 10028, (212) 722-7800).

The Purpose of Examination/Special Instructions box
was filled with: "Please bring all X-rays, MRIs,
medical records, etc. with you to the
examination...."

You had a medical record IME review done by Dr.
Robert S. April, and I had a rebuttal on his report
already. This is another IME requested by my
opponents, and I suggest you provide the medical
records to Dr. RSA, including that rebuttal. The X-
rays, MRIs original data or personal opinions
(authorized or unauthorized, some done with my full
self-pay along with humiliating sign on forms)
facilities are supposed to be directly accessible,
and the facilities contact info is supposed to be
on case files. I will bring the CDs and I would
like to see personally when the data are copied
down to a computer in Dr. RSA's office. The lesson
from my visit to Dr. Alfred S. Steinberger taught
me something.

I had attended all your requested IMEs with the
other three professional IME physicians in the
past. But, since you falsely distorted some events
and wrongly accused me for "not attending IMEs", I
would like to express the hope that the situation
of either being questioned for hours with a
projection of a full day or days or being told with
false info or "no IME today" right upon my arrival
does not happen again, as happened with the twice
IMEs with Dr. William B. Head, Jr. office.

The established injury sites in this case INCLUDED
NECK in some files in this case's folder, and I
happened to see them. However, up to today, I have
never been given by any party in this case,
including by my former WC attorney's law firm
Bangel, Cohen & Falconetti LLP, any formal document
about the established injury sites. What's more, a
September 2019 file in the case folder from the
defendant parties simply deleted NECK from the list
of established injury sites, and the Workers'
Compensation Law Judge on the Oct. 03, 2019 hearing
even used a variety of techniques including showing
conspicuous anger toward me to shut me off. All
such manipulations are part of the INJUSTICE to me.
I will soon appeal to the upper level(s) about the
injustice sensed by me in this case. The
premeditated and coordinated murder attempt on my
life and then coordinated cover-up will be dealt
with my full resistance.

Very truly yours,

Limin Wang
Injured Worker & Claimant
 
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