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NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
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STONE LOUGHLIN & SWANSON, LLP
“No shot, no money”
Judging by those annoying television commercials from personal injury attorneys – especially during Sunday afternoon NFL football games – a car wreck In Texas can mean a BIG payday. Now we may know why.
Two insurance companies have filed suit against a San Antonio doctor for allegedly prescribing unnecessary and expensive spinal procedures for the sole purpose of artificially inflating the value of his patients’ personal injury claims. The complaint, first filed in San Antonio federal court last July, alleges that San Antonio orthopedic surgeon Sanjay Misra, M.D. falsely purported to legitimately examine patients reporting neck or back pain and prescribed medically unnecessary epidural steroid injections for nearly all of them.
The complaint describes one 16-year-old patient who told Dr. Misra that she was not comfortable with his recommendation that she receive an injection. He allegedly told her “Well, no shot, no money” -- or words to that effect.
In the latest twist to the case, the San Antonio Express News reports this month that the insurers have subpoenaed communications between Dr. Misra and two personal injury attorneys that football fans know all too well – Jim Adler, who bills himself as the “Texas Hammer” and appears in television ads wielding a sledgehammer, and Jeff Davis, who appears in ads repeating his telephone number “444-4444!” ad nauseum. The subpoenas reportedly seek records of more than 185 of Dr. Misra’s patients, including documents reflecting the referral of those patients to Dr. Misra by Adler and Davis. The “Texas Hammer” is balking at turning over those records and has filed a motion to quash the subpoenas.
In the Texas workers’ compensation system, the Official Disability Guidelines – Treatment in Workers’ Comp has gone a long way toward curbing unnecessary treatment. But the ODG does not govern treatment in personal injury cases.
Treating victims of car wrecks appears to be treating Dr. Misra well. Bexar County Appraisal District records show that he owns a mansion in San Antonio which Redfin describes as being “built specifically for a high-profile NBA star” with 9 bedrooms, 9 bathrooms, a pool, a tennis court, and an estimated value of $4,163,165.