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Typically Denied DBA Treatment Approvals

Hi, this is Brian Wiklendt, I’m lead counsel at Garfinkel Schwartz here in Maitland Florida talking about typically denied DBA treatment approvals.

Typically Denied DBA Treatment Approvals

american flag garfinkel schwartz law firmMaitland is a suburb of Orlando but I travel all around the country helping injured defense workers. In terms of helping an overseas contractor, that’s an overseas contractor who gets injured. And I help him wherever he comes back to, to get his treatment, whatever he calls home in America or in the UK or anywhere else. That’s where I and that’s where the case occurs under the Defense Base Act which is a federal workers comp type statute.

But I’m not here talking today about that type of issue, this is more of a personalized thing that I kind of want to just get out there for people that might need help.

Shoulder Injury

Basically to make a long story short my wife hurt her right shoulder and got a shoulder injury playing tennis. She didn’t have an actual tear. She had some minor, minor tears that wouldn’t be surgically required but she went through the normal techniques of physical therapy injections.

Nothing was helping her for like five months. She still couldn’t lift her arm up and she was getting frustrated. She ended up being referred to a chiropractor that that specializes in sports medicine.

Chiropractic Treatment

And I never really thought I’d be doing this video but after three or four visits with the chiropractic treatment techniques that they did at this chiropractor’s office, she came back and she was 100 percent perfectly fine and I was completely shocked and she was very shocked also with these techniques that they did.

Completely Pain Free

It ended up making her completely pain free. She’s playing tennis again. She can lift her arms up above her head no problem. No stiffness nothing. So she went from having frozen shoulder and a lot of pain to being completely pain free after seeing the chiropractor.

Treatment Approvals

Spinal Manipulation

Now under the Defense Base Act although insurance companies and adjusters claim that they don’t they don’t pay for chiropractor treatment that’s not legally the case. If the chiropractor does any type of spinal manipulation during that particular session the Defense Base Act says there’s a federal regulation that says that it should be covered under the Defense Base Act. So with that in mind I have a couple of clients that I have in mind to do these techniques.

Alternative Treatments


But what I’m talking about is I know that a lot of people have heard of the word cupping now because it was all over the Olympics and a lot of the Olympic athletes do go and get cupping treatment. And what that is, is they have suction cups that are plastic or glass that kind of sucks the blood to the area of the pain where the injury is.

And actually what cupping does is increases blood flow. It gets the blood flowing right to where the injury is and it actually helps develop new blood cells which then, and then obviously causes healing process to begin.

You would consider pretty much a deep kind of a deep tissue massage where the tissues are actually being rejuvenated and livened up so that they can heal faster. So cupping was done the first couple of sessions with my wife.

The Graston Technique

They also do another deep tissue massage which is called the Graston Technique. They have their own website and you can put that it in Google and it will pop up. What that is is that’s kind of even more invasive type situation where they have metal rods and different things.

And they’re basically mobilizing the injury area and they do what’s considered scraping. The way I could describe it in normal terms is that there’s a spider web situation going on with your nerve endings and the tissue, the soft tissue that was in her shoulder.

By the way this can be done on any area of the body. But for particularly in her shoulder and back area they do what’s called scraping which gets rid of the spider webs and creates more of a uniformity in that area.

That basically enables them to physically move the myofascial tissue to the different areas depending on where the pain is. And apparently that technique that can be used for people that have less pain because it is more an invasive technique than cupping.

They both kind of achieve the same goals as to manipulating the blood flow and the cells and the tissues around the area so that at some point in time after these techniques are done with at least my wife’s in my wife’s case it was complete success.

It did look pretty weird when she came home with big black and blue marks around her shoulders and back but it went away in a couple of days.

And like I said I never really thought that much about it but now my wife swears by the chiropractic care and I thought I’d throw that out there to my existing clients or to people that are having soft tissue injuries that this might be the way to go.

Treatments Will Be Denied Initially

Chiropractor, Acupuncture

This particular chiropractor I think also does acupuncture which I’ve gotten approved even though insurance companies initially deny it. I’ve gotten it approved by recommendation from the doctor saying that they felt that this acupuncture would be beneficial to assist in my client’s pain issues.

So those are just some things that came to my attention recently through my own family and I wanted you to know about them.

Defense Base Act Treatment Approvals

And so if you think you might want to have this done and you actually have a Defense Base Act claim then you should — it would behoove you — to call me or some person that knows about the Defense Base Act so we can try to work early to get these DBA treatment approvals and because they will be denied initially.

Otherwise you know you can always go on your own and get procedures done, get the receipts and then we can fight for it that way later.

But you definitely should talk to someone before you endeavor into this type stuff if you have a pending claim just like I said so that everyone knows that we’re asking for this and why we’re asking for it.

Spinal Manipulation Needed

And whether it’s been recommended by a surgeon or your primary care physician, which always helps the cause if you get referred to the chiropractor by them, then it’s an easier argument to make. But just remember that spinal manipulation has to be done for the insurance company to have to pay for the chiropractic care.

Again any questions you have please contact me any time for free. I hope you get better. I hope your health improves and I hope these procedures if you look into them, that they might help you.

And again this is Brian Wiklendt with Garfinkel Schwartz signing off from Maitland Florida. Thanks for your time.