Legal Question in Personal Injury in New York

neck; lower back pain

i was in a motor vehichle accident while at work. i drive a full size school bus. another motorist crashed head on into the school bus. i am out on compensation. i had to have an independent exam with the comp doctor, i am appauled that he stated that based on his physical findings- i show positive signs of ''Waddell's signs'' and that i could return back to work BUT not to my normal job as a school bus driver. he also said that i should avoid prologned sitting,bending and lifting over 25 pounds. so basically he's stating that i am faking, however i really do have extreme neck, and lower back pain. can the insurance company doctors do this and get away with it? he also stated in the report that i should continue physical theraphy 3 times a week for another eight weeks and if further improvement is not noted then i should undergo MRI's of my cervical and lumbar spine. i have been out of work since March 26, 2007 and the doctor that i see regulary requested a MRI in April is this even right on my behalf, when in fact i am in pain?


Asked on 6/05/07, 1:12 am

1 Answer from Attorneys
Charles Gueli Law Offices of Charles R. Gueli

Re: neck; lower back pain

Waddell's signs are tests designed to see if your back pain is real or if you are faking. A positive sign means you are NOT faking. Also, he is recommending continued treatment - which indicates he is acknowledging your pain. Keep in mind that he works for the insurance company and he is paid to be conservative.

Also, it looks like you may have a case against the driver of the other vehicle. Feel free to contact my office for a free consulation.

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Answered on 6/07/07, 9:45 pm


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