Howard Douglas Clark in Las Vegas, NV

Jeanette Price asked a question

Hello--I actually have 2 separate, but related questions. One deals with repeated serious human rights violations, involving health care, legal interventions and politics. The other, which takes priority right now, deals with a complicated worker's comp situation: I was awarded a Judge's decision ('04) which was upheld on appeal ('06) that my physical disability (lumbar spine) was due to a work injury. I've received the related compensation since the decision. I was a life-long resident of Alabama (Birmingham) when the injuries, related surgeries and Judge's decision was made. However, at the time of the ruling, I was aware that the w/c insurance company was going into bankruptcy--but I had no idea when this would occur, until just a few weeks before it happened. The insuring arm was Lumbermans Mutual Causality Comp, with the parent company being Kemper Insurance. I actually worked for Kemper as a nurse case manager at the time the back injury occurred. It was Kemper's own attorney--not my own--who told me of the impending bankruptcy, which occurred as a result of Kemper "losing their shirt" on the Enron debacle, years ago.

When Kemper finally went bankrupt, my case was turned over to the Alabama Insurance Guaranty Fund, to continue as per state law. There's been no interruption in my compensation, but the coverage of any back-related health issues is the problem. According to the Judge's initial ruling, Kemper was to be responsible for paying for any medical issues related to my lumbar spine. They sometimes paid and they sometimes didn't--all of which seemed to be determined by the whim of whoever the adjuster was at the time. This often put me in a bind, in that Medicare had Kemper listed as the responsible insurance agent for this injury (they now have the AIGA listed) and they refuse to pay for anything pertaining to my lumbar spine.

I've tried several times in the past to get the AIGA to state clearly if they will pay or my back's medically-related care (or not), but all I ever got was a skirting of the issue. I kept getting referred to some legalese Alabama state code that does not seem to address the issue at all. I now have a return of a herniated lumbar disc and a referral to a Neurosurgeon, here in Las Vegas. I have also been referred to a Pain Management specialist, although I would prefer NOT to do this, unless I have no other choice. It took me 12 years of pain management before, where I nearly died from the treatment--and I would prefer not to go back, if possible. Ironically, both Kemper (before bankruptcy) and the AIGA paid for my pain management without question. But I was disallowed from seeing a surgeon---although this gets to the matter of the human rights violations--but I need to now see one again.

I need an attorney who will not be shocked by all that's happened illegally to me, but who can render a legal judgment as to what my continued rights are, if any, to have my medical treatment paid for by my w/c carrier. I'm continuously put in the middle of Medicare (my primary payor for other health care issues) and the w/c carrier. I'm very tired of fighting this, since I don't know the exact ruling, given my "interesting" history involving w/c--but I'd just like to know the bottom line answers--and if I have any options in the matter.

Thank you--I know this is extremely complicated--but it gets much worse, when the human rights issues are brought in. Please help if you can. I was referred to you by Barclay Callendar, a financial advisor who's trying to see if I can qualify for some kind of LTC insurance. It's probably doubtful.

Jeanette L. Price (MSN, MBA)
10258 Donde Avenue
Las Vegas, NV 89135
(702) 929-2984
jpbizz@yahoo.com