Month: August 2019

Doug Malek, Ohio Workers Comp Attorney

Doug Malek an Ohio workers comp attorney at Malek & Malek Law firm and my brother, is a great lawyer, who deeply cares about his clients. But what most people don’t know about Doug is that he has an uncanny ability of chancing upon creatures around the Malek & Malek Law Firm.

Case in point, this past Friday Doug knocks on my door, “hey look at what I saw out in the back.” He then precedes to show me a picture of some kind of hawk. (maybe a cooper’s hawk, maybe not). “Where Doug?”, “Right outside near the fence.” Then he presents a video of the hawk hopping on the ground. I pop out on the second story patio which looks out at the back of our office, and try to find the hawk but sadly it had gone. If you would like to see Doug’s video of the hawk click here.

Go back a year ago, Spring 2018. “Look at what I found walking around the front porch of our office.” Look at Doug’s phone, a baby ground hog walking about the patio. It turns out there were actually two of these little guys. So a little background. There was an adult groundhog that took up residence in a neighbor’s garage shed, and under our patio via two groundhog sized “doors.” This adult ground hog would pull off jump scares when someone happened to walk through our front door when is was near the patio.

I imagine the ground hog said something like this in its head, “oh s&%$!, HUMANS!!, RUN!” But yeah, it would also inevitably startle us humans as well. I presume that that adult groundhog was the mother or father of the baby groundhogs. The one who found them was Doug. First, and only time I have every seen a baby groundhog. Super cute, I hope that they survived, but who knows. We haven’t seen them since

Anyways I was looking through boxes of old stuff in my garage, and i chanced upon some old photos from a family trip to Florida back in the early 90’s. At one point during a particular trip, sea turtles went onto the shore to lay their eggs. I’m not sure if Doug was the one who clued in to everyone that the sea turtles were coming, but I wouldn’t be surprised. Did Doug have any inkling at that time that he would be an Ohio workers comp attorney at that time?

sea turtle
Doug Malek, circa 90’s looking at a sea turtle in Palm Beach, Florida

At Malek & Malek Law Firm, Doug Malek, Jim Malek, Ed Malek, Ben Churchill, and myself care and work compassionately and aggressively to protect every injured worker we represent. I think at some base level the animals can sense the “goodness” in both Doug and our law firm, and that’s why they come. Maybe not, maybe its completely by chance. Still its super cool to have a seen not one, but two baby groundhogs. We may not be crocodile hunters, but we are great Ohio workers comp attorneys and our goal is always to protect the injured worker and his or her family via the Ohio BWC system.

Appealing Denied Medical Treatment Through the Ohio BWC

A common task that Malek & Malek performs on behalf of our clients is appealing denied medical treatment through the Ohio BWC. I’ve created a youtube video which walks through this process in a step-by-step manner which you can find by click here . But the bottomline is that anytime that your doctor requests treatment is that they must do so through a document called a C9.

Whereas if you had personal insurance, your doctor would refer you to a surgical referral. First you would check, “is this surgeon in my network.” If he is, go to him, if not have your doctor refer you to another surgeon within your network. You show up for the appointment, hand them your insurance card, pay whatever co-pay you may have, then get seen by the surgeon. The time between the referral and seeing the doctor most likely is constrained by the availability of the surgeon to see you.

Contrast this with the BWC claims process. Your BWC POR (physician of record), first has to submit a request for a surgical consult through the C9. The MCO (managed care organization) reviews that request and either authorizes, denies, or pends the treatment. If the treatment is denied, there’s multiple steps you must take before the denied treatment ultimately is heard by a hearing office at the Ohio Industrial Commission.

The time delay between when the treatment is denied and when you have had your IC Hearing can be anywhere from a month to eight months. That is the BWC process. Its frustrating, and if you do something wrong, that time delay can be even greater.

For these reasons we highly recommend you contact a workers comp attorney to handle the process of appealing denied medical treatment on your behalf. It likes I mention constantly, to a mechanic fixing an engine is easy, for everybody else might as well be rocket science. Likewise to a workers comp attorney we appeal denied treatment nearly everyday, but to a lay person it can be very complex, full of pitfalls.