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Amy R.
01-25-2007, 10:42 AM
Hello - Has anyone ever had to go to a hearing to fight a suspension of wc benefits?

I hurt my back in '03 and won my disability hearing in '04. My back never got better, but all of a sudden, the wc dr released me to FULL duty work this year - no restrictions. Odd, since my condition hasn't changed a bit!!

Obviously, the benefits stopped, so we will be going to court to try to have them reinstated. Has anyone gone through this? What in the world can I expect? I'm scared to death!! Thanks

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shawley
01-25-2007, 03:51 PM
Amy I don't have any answers for you , only simpathy. I been on comp since 03 also , I don't know how w/c Dr. can release you for work if your on SSD.
Looks like another battel with comp , call your attorney

badbac/pain
01-26-2007, 07:51 PM
hello Amy R im just guessing but does your state have a policy on how long your w/c last i mean can it run out.do you still have medical benifits.do you have a lawyer and if you dont. get one like yesterday because bills are just going to add up.hope things get better for you whats your dx.

Rob61
01-27-2007, 12:33 AM
Hello - Has anyone ever had to go to a hearing to fight a suspension of wc benefits?

I hurt my back in '03 and won my disability hearing in '04. My back never got better, but all of a sudden, the wc dr released me to FULL duty work this year - no restrictions. Odd, since my condition hasn't changed a bit!!

Obviously, the benefits stopped, so we will be going to court to try to have them reinstated. Has anyone gone through this? What in the world can I expect? I'm scared to death!! Thanks



This is typical of WC. Their Dr's are paid by them to get you off of WC.

I know in NY that since I was still under a Dr's care my Att would go there and they would talk some and my benifits would be reinstated. Like I said their Dr's are paid to say your better even if you are not...


Hang in there don't let them win

Rob

soyoukan
01-27-2007, 11:33 AM
assuming you're in the US....? in the UK we have disability advisors in the Jobcentre / Benefits office, who would have helped. sorry dont know in your case.

Amy R.
01-29-2007, 11:53 AM
Well, I guess I won't know for a while..it's been put off for a 3rd time. I had the horrible deposition last week. I can't take the stress, much less when it goes on and on and on...kid of like the back pain! WC won't pay for my discogram and I can't afford it myself. I've given my own dr over $500 as of now, but at least he'll give me some documentation I can take to court. And then after work, you have to wait again for the answer!! Yes, my state has a limit on how long you can have benefits, but I'm just a little over halfway through them. I never dreamed this dr would just 'sign me off' restrictions w/o my pain changing any. Actually, in his office, he told me he was placing me on restrictions, and then when I left he ran back in his office and filled out the release!! To make things worse, I told my wc dr that I think my pain was a little bit better during my pregnancy, and he went and wrote in his notes that I was completely pain-free throughout the entire pregnancy, and calls this pain my prior pain!!! Yes, I'm in the US. Things are sounding better in the UK. They even have a resource that aids disabled teachers in finding work, I've read.

Rob61
01-29-2007, 12:57 PM
Well, I guess I won't know for a while..it's been put off for a 3rd time. I had the horrible deposition last week. I can't take the stress, much less when it goes on and on and on...kid of like the back pain! WC won't pay for my discogram and I can't afford it myself. I've given my own dr over $500 as of now, but at least he'll give me some documentation I can take to court. And then after work, you have to wait again for the answer!! Yes, my state has a limit on how long you can have benefits, but I'm just a little over halfway through them. I never dreamed this dr would just 'sign me off' restrictions w/o my pain changing any. Actually, in his office, he told me he was placing me on restrictions, and then when I left he ran back in his office and filled out the release!! To make things worse, I told my wc dr that I think my pain was a little bit better during my pregnancy, and he went and wrote in his notes that I was completely pain-free throughout the entire pregnancy, and calls this pain my prior pain!!! Yes, I'm in the US. Things are sounding better in the UK. They even have a resource that aids disabled teachers in finding work, I've read.




This is so typical of WC. Your best bet is to say you are on more meds and the pain is just barely tolerable. You have to play the game a little. The reason (I think) is because of the people that just want to milk the system, and it makes it harder for the ones actually injured.

I had 1 W/C Dr do that to me, he reported I was more then able to go back full time. They cut me off, we fought it they sent me to another Dr and my benifits were reinstated with back pay.

I also got better reports from their Dr's then mine.


Hang in there, don't let them win

:nono:

Rob

ICC
01-30-2007, 09:26 AM
Amy-----WC is the mpost horrible government system in all states. keep in mind all states are different. WC does not have to pay anyone. it is a game of theirs. when they stop your benefits unless they have been court ordered this is the route it takes. you go to court to have them re-instated. once a judge re-instates they cannot stop paying you without going back to court. do you have an attorney? if you said so i apologize for missing it. court is no different than a depo except there is a judge there. same thing. both attorney's will ask you questions. anser as short as you can. yes or no. don't offer more info than necessary. if there is a silence let it go. if you don't know the answer or don't remember say so. "sorry your honor I don't remember." "sorry, i don't know" if asked to answer for someone else e.g why did this dr. write this very politely answer "i'm sorry i can only answer for myself not someone else." you will be fine. it's very upsetting and creates mounds of anxiety but i believe going to court for anything does. Keep in mind the IC pays a lot of money to dr.s to lie, get you back to work, say there is nothing wrong. they pay all this money out not to pay an IW. best of luck. i'll say a prayer for you.


ICC

charliecat31
02-07-2007, 04:05 PM
Amy:
You haven't said if you have an attorney or not. If you don't, PLEASE find one immediately. I've been dealing w/ W. Comp for over 7 years and it's just a stress filled nightmare. An attorney will be able to help you with all of this.

I'm sorry you are going through this, try to hang in there.

newfie11
02-08-2007, 08:02 AM
there are attorneys out there that only collect a fee if they win a W/C case. So don't worry about paying them. Also be aware you can be video taped at anytime while your case is on going. This happened to my husband. It was a large hospital he worked for and we lived way out in the boonies. They hired a large fat man who was stupid enough to dress in a white shirt to video tape him. At the time we lived in the SD Black Hills and he stood out like a sore thumb against the green forest. My husband called the sheriffs dept and the guy took off. The tape was shown to our attorney but the hospital settled out of court anyway. The tape showed my husband putting gas in one of our trucks, walking up to the front door etc. He must have followed him around for a week or more.
The W/C doctors are a joke.
Newfie11

Rob61
02-08-2007, 08:37 AM
I know in NY the Lawyer is paid by the insurance co.

Amy R.
02-12-2007, 04:54 PM
Yes, I have a lawyer & like my lawyer. He's the one who helped me get my partial disability money to begin with. We will be going in front of the same judge this time - I don't know if that's good or bad! Now, they are deposing my spouse - I can't take the stress! I just have to last about another month for the hearing - no continuances. And, I want to complain about the employer's adjuster!

 
 
 




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