I have written and submitted a formal complaint to OWCP in regard to Dr. Doman on behalf of all claimants who have experienced one of his "examinations".
If you have been directed by OWCP to attend an exam with Dr. Doman and his report indicates you exaggerated or magnified your symptoms, intentionally deceived him or were malingering, I highly recommend that you include your information in the complaint and submit it to OWCP as well.
OWCP will not stop using physicians like Dr. Doman unless or until the evidence against THEM is overwhelming and can no longer be ignored.
In addition, claimants can get copies of all the complaints against a physician by doing a FOIA request (see the How To section). By receiving the complaints, you have an argument against a physician.
For instance, if just ten of you insert your information and send your complaints to OWCP then these complaints should remain on file. Through a FOIA request other claimants can get redacted copies of the complaints. Those ten complaints can be used as an argument that Dr. Doman is biased and his report is not valid.
After OWCP receives three complaints against a doctor they're supposed to investigate.
Multiple complaints have the power to make OWCP and/or the ECAB take notice or at the very least provide an argument that can overturn OWCP's decision to give Dr. Doman's report weight of medical evidence in your claim. But imagine what twenty or thirty or fifty complaints would do.
Unless claimants band together and file complaints against these physicians, nothing is going to change. In the case of Dr. Doman, I've made it really easy to get these complaints filed.
A copy of the complaint is below which you can cut and paste and insert your information I've indicated in Red.
Updated 09/04/2019
Here is a copy of the complaint:
Date:
Insert Date
Office of
Workers’ Compensation Programs
P.O. Box
8300
London,
KY 40742
Insert your name
OWCP Claim Number: Insert your claim number
Date of Injury: Insert your date of injury
FORMAL COMPLAINT
To Whom
It May Concern:
Consider
this my formal complaint of bias against Office physician, Dr. Alexander N.
Doman.
Dr. Doman
has performed second opinion and referee examinations for the Office for at
least twenty-two (22) years in at least eight (8) states (GA, MA, WI, NY, NC,
VA, TX and TN) although a valid medical license could only be found in the
state of GA (license #033313).
In
addition, Dr. Doman was the Office referral physician under ECAB docket number
15-0640 issued 06/11/2015 in Guam.
Physicians
do not normally practice medicine in multiple states especially without being
licensed in the state(s) in which they practice. This leads one to believe Dr.
Doman isn’t practicing medicine in multiple states, but performing examinations
in multiple states for the Offices’ purposes.
It is
unreasonable to think that the Office could not find a qualified second opinion
or referee in the state in which the claimant lives and had to fly Dr. Doman in
at great expense to examine claimants. This would give the appearance of prejudice
as Dr. Doman consistently provides negative opinions against a claimant.
During an
Office-directed second opinion examination of December 11, 2014 under claim
number 062216370 Dr. Doman stated;
“There
is also evidence of both symptom exaggeration during the examination.” [sic]
“It
is again noted that there is strong evidence from the examination today of
significant symptom magnification”
Dr. Doman
provides the Office no rationale on how he arrived at this opinion. Nor does Dr.
Doman provide or discuss the “strong evidence” he refers to in his December 11,
2014 second opinion report.
During an
Office-directed second opinion examination of June 06, 2015 under claim number
142007938 Dr. Doman stated;
“This
lady’s subjective complaints do grossly outweigh and do not correspond to the
objective findings. The findings on examination indicate gross and intentional
symptom exaggeration.”
Dr. Doman
did not provide the Office any medical rationale as to how he came to this
conclusion.
During an
Office-directed second opinion examination of March 29, 2016 under claim number
140266302 Dr. Doman stated;
“The
rationale for this is because this claimant’s physical examination clearly
indicates that this claimant is exhibiting gross and extreme symptom
magnification for the purposes of deceiving this examiner.”
During an
Office-directed referee examination of August 02, 2016 under claim number
062353031 Dr. Doman stated;
“Gross
and intentional symptom magnification for purposes of deceiving this examiner
with complaints of severe back pain while in the prone position with simple
attempts to flex her knees while in this position.”
During an
Office–directed second opinion examination of 03/14/2017 under claim number
060661746 Dr. Doman stated;
“This
gentleman has traumatic findings of intentional symptom magnification with
complaints of severe back pain with simple attempts to flex both his left and
the right knee while in the prone position on a nonphysiologic and nonanatomic
basis.”
Additionally,
Dr. Doman indicated “Malingering” as a diagnosis in this report. Malingering is
considered conscious and willful with intent, the deliberate and fraudulent feigning of symptoms for which
a person can be prosecuted for fraud. This is a serious allegation which Dr.
Doman indicated was a “Diagnosis”, yet Dr. Doman provides no explanation
as to how he arrived at the intent of this claimant’s alleged malingering.
Insert your information here
There are
a limited number of Dr. Doman’s opinions available to me, however in eighteen
(18) cases in front of the Employees Compensation Appeals Board, (ECAB or the
Board) Dr. Doman stated various ways he believed claimants were falsifying
their symptoms, using very similar terms and phrases in each of his reports;
Docket
#
|
Issued
|
Dr.
Doman’s report stated
|
99-1502
|
06/27/2000
|
Appellant displayed markedly
inappropriate behavior that was psychogenic in nature.
|
03-2278
|
01/21/2004
|
“Subjective complaints of
pain [did] not correspond with the objective findings.”
|
07-0102
|
10/02/2007
|
A self-limited disorder
|
08-2271
|
08/06/2009
|
Intentional symptom
exaggeration. Diagnosis is that of a malingering patient. Purposely exaggerating
her complaints, in the opinion of this examiner, for purposes of secondary
gain.
|
09-1388
|
03/19/2010
|
Intentionally exaggerating
her complaints for purposes of secondary gain. Stated appellant was
malingering.
|
10-0455
|
09/15/2010
|
“Gross signs of intentional
symptom magnification....” Stated appellant was malingering.
|
10-1197
|
02/14/2011
|
Subjective complaints
outweighed the objective findings.
|
11-0690
|
10/13/2011
|
He opined that appellant was
malingering.
|
11-0379
|
10/17/2011
|
Obvious signs of symptom
exaggeration.
|
11-1840
|
04/09/2012
|
Symptom magnification.
|
12-0123
|
06/12/2012
|
Malingering based on his
normal orthopedic examination findings.
|
12-0458
|
09/13/2012
|
“Obvious signs of symptom
exaggeration. Grossly exaggerated and in fact suggestive of a patient who is
malingering.”
|
12-1128
|
12/14/2012
|
Malingering for purposes of
secondary gain.
|
12-0167
|
05/17/2012
|
Subjective complaints of pain
grossly outweighed the objective medical findings.
|
13-0159
|
05/14/2013
|
Subjective complaints grossly
outweighed her objective findings.
|
15-0836
|
07/24/2015
|
Subjective complaints grossly
exaggerated for purposes of deceiving him
|
16-0095
|
05/20/2016
|
Malingering on either
conscious or unconscious basis. Obvious signs of intentional efforts to
deceive the examiner. Pain is psychogenic in origin.
|
15-1452
|
09/20/2016
|
Exhibited symptom
magnification and exaggeration. Present subjective complaints of pain
strongly indicated that she was intentionally malingering for the purposes of
secondary gain
|
16-1084
|
10/21/2016
|
Obvious signs of symptom
exaggeration.
|
16-1314
|
09/18/2017
|
He also opined that he believed appellant had symptom
magnification in her subjective complaints.
|
17-1144
|
01/12/2018
|
Dr. Doman reported that her subjective complaints
appeared exaggerated and out of proportion to the lack of objective findings.
|
17-1645
|
06/11/2018
|
Dr. Doman explained that it was clear that appellant
was grossly exaggerating his complaints with extreme symptom magnification,
clearly indicative of a patient that was malingering.
|
In none
of the above cases did the Board indicate that Dr. Doman provided pervasive evidence
as to how he arrived at his opinions of symptom magnification, symptom
exaggeration and/or malingering.
Symptom
magnification and/or symptom exaggeration are a psychiatric diagnosis. Dr.
Doman does not explain how, as an orthopedist, he is qualified to make such a
psychiatric diagnosis.
In
addition, Dr. Doman often states the claimant has behavior that is psychogenic
in nature. This indicates that each of these claimants he examines has a
psychological condition. Yet Dr. Doman provides no referral to a
psychologist/psychiatrist and provides no credentials that would qualify him to
make such a diagnosis.
Dr. Doman
consistently suggests symptom magnification, exaggeration and/or malingering
when bending the knees while in a prone position, yet I could not find a single
case where Dr. Doman explained how flexing the knees while the claimant was in
a prone position could not cause pain in the spine or how this one test result
evidenced the claimant was exaggerating, malingering or attempting to deceive
him.
In point
of fact, there is no evidence based examination technique to determine a
patient is malingering; there is no physical examination maneuver that can
determine a patient’s external incentives. Yet Dr. Doman consistently uses this
same examination maneuver to determine claimants are deceiving him,
exaggerating their symptoms, magnifying their symptoms or malingering.
Dr. Doman
simply makes serious offending allegations of symptom magnification,
intentional deception, symptom exaggeration and malingering without providing
the Office the medical rationale that formed his conclusions. Nor does Dr.
Doman provide how he measured these alleged intentional fraudulent behaviors. Yet
the Office accepts these offending allegations as fact without any factual
proof often to the detriment of claimants.
Dr. Doman
has a propensity to opine claimants falsify their symptoms, yet I could find no
case where Dr. Doman provided a discussion of the objective evidence he relied
on that forms his opinions.
I am
providing the Office twenty seven (27) cases as cited above, including
my own, wherein Dr. Doman indicated a claimant was exhibiting symptom
exaggeration, symptom magnification, malingering or other unsubstantiated
negative allegations in his reports while providing no medical rationale,
evidence or criteria on how he arrived at these opinions. I would imagine the
totality of his reports contain many more such allegations.
Dr. Doman
consistently uses the same phrasing no matter the claimant’s examination,
medical record, test results, etc…It is suspicious that Dr. Doman uses these similar
terms and phrases on a regular basis. The consistency in which Dr. Doman uses
these derogatory phrases can only lead one to believe Dr. Doman is biased
against the claimants he examines for his own secondary gain.
In
addition, I have learned that Dr. Doman, acting as the Office second opinion
examiner has been paired with Dr. Harold H. Alexander acting as the Office referee
examiner on at least five (5) separate occasions (docket number 08-2271P issued
08/06/2009, docket number 10-0878 issued 12/17/2010, docket number 11-0931
issued 11/09/2011 and docket number 13-0159 issued 05/14/2013, docket number
14-1676 issued 11/2014.
Dr. Doman,
acting as the second opinion examiner has been paired with Dr. Charles Thomas
Hopkins, Jr. acting as the Office referee examiner on at least five (5)
separate occasions (docket number 10-0455 issued 09/15/2010, docket number
10-0981 12/09/2010, docket number 10-2372 issued 09/30/2011, docket number
11-1205 issued 02/24/2012 and docket number 13-1650 issued 02/10/2014).
As
referee physicians are to be chosen on a random basis, it is highly suspicious
that Dr. Doman has been paired with the same referee physicians on multiple
occasions.
FECA Circular 00-08
(2007) states in part;
"Credible, reliable medical evidence is vital to the claims
process and it is particularly important that OWCP-directed medical
examinations are not compromised in any way. Where a complaint is received
concerning a physician and/or challenging a medical report, the claims examiner
should, [g]enerally, address the complaint in the context of the specific FECA
case. The CE should first evaluate the charge and supporting evidence to
determine how to proceed.”
"If OWCP receives a written complaint
concerning a physician's professional conduct (which includes allegations
concerning veracity, discrimination or bias) before or following an
OWCP-directed medical examination, and that complaint is supported by credible
evidence of the type detailed in the procedure manual, the CE may ask the DO
manager or district medical director to help develop the evidence."
Dr. Doman is a less than
reputable physician with a reputation of bias which is used by the Office to
receive a guaranteed negative result against claimants. As his bias is obvious,
the Office has a duty and obligation to immediately remove him from use.
Respectfully submitted,
_____________________________
Insert your name
Insert your address
The last quack I saw was in Long Beach. I had a year before another referee exam and he said that the injury was still extant. I go see the quack (Ghol Bahman Ha'Eri) and he sends a report to the DOL that I am cured, and can work 40 hours with minor restrictions. I looked him up previous to the exam and he had nothing but bad reviews. Most said he was there for the money and nothing else. When I got there, he had an assistant in the room writing down everything that was said. He said he did tests which he did not. I wrote to my CE the same day and said it was a sham exam. Nothing was done.
ReplyDeleteThe DOL then puts me in Vocational Rehab for an Office Management Class for 6 months. After that was 3 months of assistance with job hunting, resumes, etc.... I applied for 250 jobs during that time and got no responses. Soon after that the DOL notified me that they were cutting my benefits because I wasn't working full time. In addition, I had asked for a transfer to a new doctor in July, and did not get approved till late November. I saw the doctor the day before the deadline with DOL to prove I was still disabled. They did not wait for the report, they cut my benefits, including my health care. Now I am almost 64 yrs old without health care. I am applying for Covered CA and Medi-Cal. They offered COBRA but with a benefit check of 550 where was I going to come up with 2300 a quarter to pay for insurance?
I have a law firm working on my schedule award and I am hoping that will be done before the end of summer. My injury was in 2003 and I am very sure they are trimming the branches of workers who were on the rolls for a long time. I had 3 surgeries and still have terrible pain in my shoulder.
Thanks for the interesting info on your page.
Jesse I have used your FOIA request example to request a copy of complaints the Office has received on SECOP doctor I was sent to. They claim they do not keep records of complaints. Any suggestions?
ReplyDeleteThis might help lead you down the right path:
ReplyDeletehttps://www.dol.gov/OWCP/dfec/regs/compliance/DFECfolio/FECACirculars/index.htm#CIRCULAR0008
Thank you Jesse!!!
Delete