Does anyone have more information for me-I have emailed this to every Kansas state representative.

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New Member

Date Joined Feb 2009
Total Posts : 16
   Posted 2/20/2009 4:37 PM (GMT -6)   

My daughter has suffered from chronic pain for 7yrs. On  5 Oct 07 after her pain pump was removed because of a life threaten infection, her pain doctor prescribed MS Contin (morphine) after this surgery for her pain.  Prior to this surgery she suffered several complications became septic, had 2 severe reactions to antibiotics which caused respiratory problems and she is now on a Bipap and oxygen while she is sleeping.

Problem: Since Oct. 08 the nurse case manager for her worker's compensation carrier has made 3 appointments as per KSA 44-515 to be evaluated for a pain management treatment using a detox drug Suboxone.The  FDA has not approved this drug for pain management Under threat of KSA 44-518 she has attended all three appointments.  See manufacture's safety guidelines:

Appropriate use of SUBOXONE .
Do not use SUBOXONE or SUBUTEX for conditions for which they were not prescribed. Patients with a clinical need for analgesia should not be transferred to a SUBOXONE regimen. SUBOXONE is not indicated for pain management.

My daughter has several concerns about this treatment and none of these 3 doctors have answered her concerns. One of these concerns is the distance she would have to travel to get these treatments and no plan to have a doctor closer to home if she would have serious reactions  -side affects include respiratory depression. My daughter lives 25 miles west of Manhattan, Ks.  There is a doctor in Manhattan, who has agreed to evaluate her for this treatment. However, so far the nurse case manager has schedule appointments for evaluations in Detroit, Mi., Shawnee Mission, Ks and Lee's Summit, Mo.and has completely refused to investigate the possibility of treatment in Manhattan.  The last appointment on 6 Feb in Lee's Summit the doctor was under the impression my daughter was there for treatment and would have started treatment if my daughter had not refused.  This was  the first time he had seen my daughter and did not do a complete physical exam or review  my daughter's complete medical history.  Trips of these distances cause my daughter more pain and she is in extreme pain for 2-3 days after, she has reported this but it has not made difference-under KSA 44-515 and KSA 44-518 she has no right to refuse these exams.  Because of the above statutes my daughter feels she does not have a choice or any input in her pain management treatment. My daughter's lawyer was unaware of KSA 65-4977 and I have volunteered to further investigate this situation..

My main question for you is: Can KSA-44-510h, KSA 44-515 and KSA 44-518 override her rights under KSA 65-4977 and who makes that call?   

KSA 65-4977 states   Persons suffering from pain; use of controlled substances for pain treatment. (a) A person suffering from pain:

      (1)   Should be an active participant in decisions about the assessment, diagnosis and treatment of their pain.

      (2)   May accept or reject the use of any or all diagnostic and therapeutic modalities which may be recommended to treat such person's pain.


      44-510h.   Medical compensation; change of health care provider; examination by alternate health care provider; faith healing; preventative hepatitis treatment. (a) It shall be the duty of the employer to provide the services of a health care provider, and such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, ambulance, crutches, apparatus and transportation to and from the home of the injured employee to a place outside the community in which such employee resides, and within such community if the director, in the director's discretion, so orders, including transportation expenses computed in accordance with subsection (a) of K.S.A. 44-515 and amendments thereto, as may be reasonably necessary to cure and relieve the employee from the effects of the injury. 

      (b) (1)   If the director finds, upon application of an injured employee, that the services of the health care provider furnished as provided in subsection (a) and rendered on behalf of the injured employee are not satisfactory, the director may authorize the appointment of some other health care provider. In any such case, the employer shall submit the names of three health care providers who, if possible given the availability of local health care providers, are not associated in practice together. The injured employee may select one from the list who shall be the authorized treating health care provider. If the injured employee is unable to obtain satisfactory services from any of the health care providers submitted by the employer under this paragraph, either party or both parties may request the director to select a treating health care provider.

and       44-515.   Medical examinations; travel and living expenses; availability of reports; disqualification of certain medical evidence; consideration of health care providers' opinions. (a) After an employee sustains an injury, the employee shall, upon request of the employer, submit to an examination at any reasonable time and place by any one or more reputable health care providers, selected by the employer, and shall so submit to an examination thereafter at intervals during the pendency of such employee's claim for compensation, upon the request of the employer, but the employee shall not be required to submit to an examination oftener than twice in any one month, unless required to do so in accordance with such orders as may be made by the director.

44-518.   Refusal of medical examination; effect. If the employee refuses to submit to an examination upon request of the employer as provided for in K.S.A. 44-515 and amendments thereto or if the employee or the employee's health care provider unnecessarily obstructs or prevents such examination by the health care provider of the employer, the employee's right to payment of compensation shall be suspended until the employee submits to an examination and until such examination is completed. No compensation shall be payable under the workers compensation act during the period of suspension. If the employee refuses to submit to an examination while any proceedings are pending for the purpose of determining the amount of compensation due, such proceedings shall be dismissed upon showing being made of the refusal of the employee to submit to an examination. 

 Evidently,  reasonable time and place and twice in any one month in KSA 44-515 means any place this insurance carrier wants to send my daughter no matter how it effects her health and  by threat of KSA 44-518 she has to comply?  What about her rights?

I know this is long but I need to know if any of you have had experiences like this-my daughter is so tired of the fight I have to give her some hope.  Momcares

Veteran Member

Date Joined Jul 2008
Total Posts : 2268
   Posted 2/20/2009 9:18 PM (GMT -6)   
First off, welcome to HW. It sounds like you have really done a lot of research. I know I would like to help you & I'm sure many others would as well, but it really does sound like you daughter has a fairly involved case. I would think the best route would be to consult an attorney about your legal options. You can check with your local branch of the American Bar Association or call a legal aid association to enlist their help, if she qualifies.

Here's the number for Kansas Legal Aid in case that can be of any help: 1-800-723-6953.

I do wish you the best. Many of us have run into issues with benefits not being covered. I can't imagine how difficult this must be for the both of you. Perhaps others will come along & share their experiences with benefits being covered in your state, and as much as those help you, I'm glad. But there are many details to each case, and without carefully reviewing all the pieces I don't think a determination could be made one way or the other as to whether or not they must cover your daughter's expenses.

best wishes with everything,

Veteran Member

Date Joined Nov 2007
Total Posts : 6795
   Posted 2/20/2009 11:54 PM (GMT -6)   
I, too, wanted to welcome you to the HW forum for chronic pain. Unfortunately, we're not doctors or lawyers, so I have to echo what Frances has said. If your daughter doesn't have an attorney experienced in this area, I think she definitely needs to consult with one.

It seems these systems are either intentionally or unintentionally (I will try to give the benefit of the doubt, though it's hard) making life miserable for many of us. I lost my WC case a couple of years ago - with the "help" of lousy attorney. So just any attorney isn't the answer. You can get attorney ratings by googling Martindale Hubbell (I think that's how it's spelled). They list attorneys by region, area of expertise, etc. and they're the major rating firm for attorneys. Just a thought.

Wish I could help more. Maybe someone will come along who can.


Veteran Member

Date Joined Sep 2006
Total Posts : 1713
   Posted 2/21/2009 12:09 AM (GMT -6)   
You have been given excellent advice. I have no further advice to offer, but I do want to wish you good luck and to also welcome you to the forum. Please let us know how it turns out after you contact an attorney. Continue to post and we will try to give you as much support as we can.

God bless you and your daughter.

Moderator Chronic Pain
Believe in yourself.  Be kind to fellow humans and animals.  Take time to smell the flowers and the coffee.
And by all means, when you are down, ask me for help.  I will be there.

Veteran Member

Date Joined Jul 2008
Total Posts : 2268
   Posted 2/21/2009 12:31 AM (GMT -6)   
the site PA references is:

Not all attorneys are in there. Not all of them who are listed are rated. The attorneys must submit their own information & pay to be listed in the Martindale-Hubbell directory. The reviews are peer reviews, not reviews by clients. In theory, all the reviews would be on the up-and-up, but friends do "take care of" friends.

Generally, attorneys do belong to either their state bar association or the American Bar Association, or both. There have been a lot of complaints about the Kansas Bar Association not weighing formal complaints against their member-attorneys in their rating system. I don't know how valid that it, but it is an unusual complaint so maybe there's something to it. For that reason, I suggested you contact your local bar & ask for a referral from them. Alternatively, you could ask for a referral from the ABA.

The American Bar Association' site is:

Honestly, if money's not an issue, the best place to look for a referral may be the doc who wrote your daughter the MS Contin. A lot of times docs have experience with which litigators are smart, tough & hard-working. Other than attorneys, they probably have the most exposure to lawyers who handle cases against insurance companies. They may know which of their patients had attorneys who helped them win. Even if the doc doesn't know off-hand, he may be able to ask a particular patient(s) who come to mind, or check with a colleague.


PS -- Please encourage your daughter that there is hope out there. I have fought my own battles with my insurance company. You didn't say whether it was public or private insurance. If it is private, you can contact the KS Insurance Dept. at
It is really tough & there are no guarantees, but a fighting spirit & a good attorney can go a long way. I think it's fantastic that you pointed out some areas of law for her attorney to investigate! Hopefully, something will come of that. Please tell her to hang on & to hold on to hope, at least for now. I will say an extra prayer that things would work out for her. :)

Forum Moderator

Date Joined Feb 2003
Total Posts : 13361
   Posted 2/21/2009 8:58 AM (GMT -6)   
Hi Mom and welcome to Healing Well. You are the scond person to this forum that has complained about Kansas worker's compensation claims, what a nightmare for your daughter. I know about Tx worker's comp but you have to understand every state has their own set of rules they go by so there is really no way I can help, although I sure would love to.
I do have a question, this case worker does she have to be a part of your daughters claim. Here in Tx you can decline services from one of these people. Depending on Kansas law your daughter may not be able to get rid of her.
Is your daughter under the care of a pain mgt dr now? Whose idea was it to put your daughter on this drug, does her dr agree with this? Why can't the atty file for an emergency hearing on your daughter's claim and get a stop put to this nonsense?
Its totally nuts sending her off on these wild goose chases to other states no less for an independant medical exam. Is there anything in the Kansas comp law putting a cap on the distance a claimant would have to travel for one of these IME's? Here we have limits on the distance to be traveled. Also our laws state the same you don't submit to an IME they stop all benefits.
It really sounds like the atty needs to get off his can and do what he has been hired to do and thats protect your daughter. Unfortunately, most people will tell with comp, the claimant really has no rights, its all about the ins company calling the shots.
Please let us know how this turns. Hugs, Susie

New Member

Date Joined Feb 2009
Total Posts : 16
   Posted 2/21/2009 4:57 PM (GMT -6)   
Thank-you all for your welcome to Healing Well. After I posted, I realized how long it was and didn't think anyone would read it! My daughter refused to go to Detroit the first time, because the judge's interpretation of the phrase in the statute" submit to an examination at any reasonable time and place" was evidently was anywhere in U.S., she lost her partial disability payments until she complied! I couldn't go with her, so her dad did and his expenses WERE NOT re-imbursable.someone had to go with her! No we can't fire this nurse case manager because she was hired by the insurance company, only thing that helps in that situation is that the nurse cannot sit in on her doctor's appointments and my daughter does not have to be in contact with her. Her court appointed pain doc sometimes tells her that she should just play their games but this time he does NOT agree with the Suboxone treatment, but know one else is listening to him either! Daughter's lawyer has promised to ask for hearing, I'm sure whether it will change anything though- did hear about the McDonald's hero and how McDonald's work comp won't pay? Wish the media would explain the bad work comp laws better. Well better go,thanks again for your advice. Mom
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