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Old 09-18-2003, 04:23 PM   #1
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Join Date: Jul 2003
Location: PA
Posts: 40
jasonswife HB User
Post being forced back to work by WC

i think i'm in a bit of shock at the moment. i finally got my IME report from WC- they forgot to send it to me and my attorney. the wc doc is releasing me back to work full-time with no restrictions starting monday. not only that, but wc sent me a notice to stop all wc benefits (including medical) because their doc said my work injury was just a strain, and everything since then is a pre-existing condition called marfan's syndrom. my regular doc says i have 0% chance of having this syndrome. he did agree to send me for an ultrasound of my abdominal aorta and endiocardiogram and an eye exam to prove i don't have it. this is all well & good but what about me & the increased pain this will put me in. my attorney isn't being very helpful. i figured he'd make phone calls & get busy on my case. instead he said there is nothing to be done about having to return full-time. if i try it & it is to much, then i will lose my job. if i have my doc start me out part-time i will lose my job. this is sooooo insane. i had my injury 1 year and 9 months ago, have been to various doctors who haven't been able to get anywhere except to say it is an si problem and they have no idea why it hasn't healed. finally i found a doc last month who seems to know her stuff- si problem & possibly facet problem. i am right in the middle of diagnostic injections, and haven't even talked about treatment yet. how can they do this. my attorney says i am expected to continue with all of my docs, and doesn't have any answer to how i'm supposed to pull this off! i have no sick time because i burned it up on this injury & docs have the same hours that i do. the wc doc didn't take into consideration the deep depression that this back injury has caused me & the fibromyalgia that my rheumatologist says i got from this injury. putting me at work all day is going to send my pain levels out of the water, which will only trigger my fibro in full gear and deepen the depression. i feel like i am in a very bad nightmere. if you pray please pray for me. i am so stressed out & anxious over this. and i can't imagine driving 40 minutes to work, then working 8 hours sitting in a car and in meetings, then driving 40 minutes home. pain pills aren't much of an option because i have to be able to drive myself. oh man. i'm going to stop rambling. thanks for letting me share.
jasonswife

 
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Old 09-19-2003, 03:31 AM   #2
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Join Date: Jan 2003
Location: Odessa texas
Posts: 33
FRACBACK2 HB User
Post

Hi Jasonswife,

Something is not right here! Doesn't your treating doctor have any say in the matter? You tell that lazy-assed lawyer to file for a hearing ASAP! Get all the testing done to disprove that WC ***** doctor. Gather all the medical info from the doc that was treating you for the SI problems, and the test results that prove that WC quack dr. wrong, to take to the hearing.

If your attorney acts like he's not interested, or too busy, fire him. Simply send him a letter stating his services are no longer necessary, (you're back to work with no restrictions, right?) and that you will pick up all the files pertaining to your case within 5 business days. Then go find a attorney that gives a @#$%. This is one of the insurance company's favorite ploys to pull on injured workers. Going to a hearing will fix this.

You should post this on the Workers Compensation Forum. There are some people there that can help you.
Good luck, don't let them do this to you. Sorry this happened to you.

Joe

__________________
Thoracic disc herniations T7-8 and T9-10. Bulges at T6-7 and T8-9.
Pars fracture at L5
Constant mid back pain
Weakness and numbness in both legs

 
Old 09-19-2003, 10:18 AM   #3
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Join Date: Jan 2003
Location: Odessa texas
Posts: 33
FRACBACK2 HB User
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Jasonswife,

Sorry if I wasa bit crude earlier. It just makes me mad, and you should be mad too.

I am hoping Simba 41 will answer your post. He/she? is from Pa., and is pretty knowledgeable about Pennsylvania Workers' Comp. Let's try and fix this.

Joe
__________________
Thoracic disc herniations T7-8 and T9-10. Bulges at T6-7 and T8-9.
Pars fracture at L5
Constant mid back pain
Weakness and numbness in both legs

 
Old 09-19-2003, 12:12 PM   #4
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Join Date: Jun 2001
Location: Spring Lake, Mi. USA
Posts: 234
acme HB User
Post

I agree with FRACBACK2....Low life WC Docs!! Your Doc can give good important info. to your Lawyer!
As far as getting a New Lawyer....Just do it! The New lawyer will take care of dismissing the old one & getting all your Files!! Believe me...I've done it a Few times! Most Lawyers are snakes....Gotta find the right one to get you taken care of ASAP!!
__________________
Prowler

 
Old 09-20-2003, 08:39 AM   #5
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Join Date: Jul 2003
Location: PA
Posts: 40
jasonswife HB User
Post

thanks for all of your suggestions. i don't think anyone was being crude- i appriciate the frankness. i've not heard from simba 41, any suggestions where i can find this person? and where is the workers comp forum? i can't find it on this message board. all of this stuff is so overwhelming. i don't know everything about the pa workers comp law, which is why i hired the darn attorney to begin with. it is very frustrating when he talls me things that don't sound right & i'll ask it again just worded differently & he repeats his answer just with a more "you are a pain in my butt" voice. a friend told me that i need to find a young attorney, that is very hungry! hehehe. i called a different attorney yesterday afternoon & left a voicemail. i don't expect i will hear from him until monday which may be to late. i had no idea how bad my guy sucked until now because everytime i called (because he said there was no reason to meet) he just kept saying nothing can be done until the IME report is in. the wc company never sent it to my attorney or me- i just happened to find out from my boss who my attorney told me not to talk to- she had called to see why i didn't return to work like wc said i was suppsed to & already was 3 days late returning. i had not been told i needed to report to work. she said the ime included this information- said she had had it for a few weeks. she was kind enough to send it to me along with a letter that said i had to report this monday. she must have called wc because when i called my attorney later in the day about this he said he was just faxed a copy by wc. the next few days last week i got certifed and sign for mail from wc of all the stuff they were supposed to have send me before. my attorney said there is nothing that can be done about this either. why should i be penalized for wc not knowing/ or doing their ****! again- mr. attorney said nothing could be done about this. i think the reason why he didn't file something against me returning to work (besides the fact that he's a very good attorney) is that at the moment all of my doctors agree that i should at least try returning part-time jsut to see if i can do it. they say sometimes returning to work gives us more of a focus & purpose so that we don't think about my problems (back, fibro, depression, the life that i knew & loved being over) so much. i keep telling them the drive to work will be to much, but what can a non-doctor share with a doctor, nothing! anyway, that's more then likely why he didn't file anything about this. i don't know. my main doctor said that if i try it & it doesn't work, then atleast i can say that i tried & he could pull me out again. the darn attorney says if this happens i WILL loose my job. the only thing this guy said he would do is file a petition for wc denying my whole claim, so that's nice. he wouldn't however tell me what to do to prepare. it is of my own thoughts that i am working with my doc to get the tests done to prove them wrong. the attorney said that he generally calls his client that day or night before the hearing & meets with them before the hearing. how could everything be set up like that. don't i need to get docs to come to argue against wc about this pre-existing thing? i would think that i'd need to get all the test results (or maybe the attorney should do this), so i can have a fair hearing. i know wc will come prepared. we should too. i had no idea i could drop the old attorney so easily, his investigator that came out & took all of my info & had me sign papers, said that if i switched that this attorney would still get a cut from the $ from the new attorney if i switched & that most attorneys don't like to take this kind of case on. so, i'm rambling again. i think i just needed to vent a bit. i am so fearful of monday. thanks you all.
jasonswife

 
Old 09-20-2003, 10:33 AM   #6
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Join Date: Sep 2003
Location: usa
Posts: 201
StarAngel3 HB User
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Jasonswife,
I am sorry, and it isn't fair, those WC people get away with entirely too much..... What does your doctor say? I hope everything works out for you..StarAngel

 
Old 09-20-2003, 11:57 AM   #7
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Join Date: May 2003
Location: Mansfield,Ohio USA
Posts: 1,176
jdlfmc HB User
Post

jasonswife,I haven't been posting in sometime but I have been following some of yours about the WC and I really feel for you as I have been dealing with this for over 4 yrs and I have lost my case as I could take it to trial in Dec. and probably win but I would have to have $6500 to prepare for trial once it leaves WC and you have to have jury trial you have to pay the attorneys upfront for preparing plus they still get a percent of any settlement and I by no means have the money for trial,sorry still venting over losing as I can't work at all now and the say I'm just not injured!!Anyway I did fire one attorney and I had a hard time getting another they don't like taking a case once it has been started and also another attorney is not even suppose to talk to you until you have dissmissed your present attorney and it makes it kind of hard as you don't want to fire the one you got til you know you got another! Also the one I did dismiss will not get any payment as he never recovered any losses for me and also I had proof of my injury before my last WC appeal but my then attorney failed to see that it was available before the hearing and that is why I lost and seeing that was my last appeal that is why I would have to go so far as to a jury trial.So I really wish you the best of luck and since we cant post sites have you looked for some of the Workers Comp sites there is a couple I know of that can answer you ????? Again sorry I wish I could help and wish you the very best!!
Linda

 
Old 09-20-2003, 11:09 PM   #8
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Join Date: Jan 2003
Location: Atlanta Ga
Posts: 262
isillyme HB User
Unhappy

It really makes me mad when WC tries to rule your life and claim you never really injured yourself etc...
First thing Call your assemblyman, senator, anyone that would take the time to listen to you, and tell them everything you stated here. I had a hearing within 2 weeks after contacting my assemblyman, and I won! my case. WC tried to deny me on my medical rights and I got an appeal thru the courts. I have been told that it is now law in my state that WC insurance must send you all medical reports from the IME. I am not sure what the laws are in your state. If your attorney does nothing for you other then sit on their butt, ask the assemblyman who they would recommend. I had to go to court in June in order to have my surgery approved, and to have some matters resolved when it came to WC, and I won my case. See if there is a website pertaining to WC laws for your state, and read up on them. Print the information out so you can be more prepared for your court date. I hope some of these suggestions help you out.

------------------
canadate for the prodisc surgery. have herniated disc at L4-5 also have tears in L3-4,and
L5-S1. Had the IDET in January 2000 at
L4-5 level. Have nerve blocks under sedation at C5-6 and C6-7 also have swelling in the nerve that supplies down both arms and hands. May have 3 buldging discs in the cervical region as well. due to have the prodisc surgery for the lumbar in October. Have tried everything for lumbar nothing has worked, including significant weight loss.
__________________
I had the prodisc surgery at level L4-5 on October 9,2003. I have L3-4 and L5S1 starting to go bad... but will look into that in the future. Epideral blocks are helping.

 
Old 09-21-2003, 02:48 AM   #9
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Join Date: Jan 2003
Location: Odessa texas
Posts: 33
FRACBACK2 HB User
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Hi Jasonswife,

I am sorry, but sometimes I get the boards mixed up as they are so similar. I won't be able to give you the link, sorry. Just following rules. I have asked Simba to go ahead and post his reply, and I can paste it here for you to read.

I didn't know that all your doctors think you should return to work, at least part time. I think your treating doctor would have to say that you are unable to return to work to be able to put up much of a fight. Maybe your employer will let you start out part time for now, to see how it goes.

I will post back when I have more info. If there is anything to be done, simba may have some suggestions.

Joe

__________________
Thoracic disc herniations T7-8 and T9-10. Bulges at T6-7 and T8-9.
Pars fracture at L5
Constant mid back pain
Weakness and numbness in both legs

 
Old 09-21-2003, 09:53 AM   #10
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Join Date: Sep 2003
Location: Douglasville
Posts: 46
Summerset523 HB User
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I feel for you, I have gone through a similar incident with my employer. They asked me to come back to work after I left after over 8 years of employment due to manangement problems which were causing me great mental problems, I was used to cover so many areas and left everyday crying from mental and physical exhaustion. When I went back they were behind in so many areas and now we are caught up and I believe overstaffed. I went back and soon after found out I had multiple problems, female problems and back problems. I had a 3 month evaluation that was above average as I usually got before when I worked there for over 8 years...always "above average or exceeds expectations". Then a few months later I found out I had to have a hysterectomy and found out I have two herniated disc, one is abutting the S-1 nerve root 6cm. In the mean time had the hysterectomy came back to work after only two weeks out and got my yearly evaluation.....it sais I was a "marginal employee" with no raise and to be re-evaluated after 30 days" it has come and gone with no re-eval as of yet....I have been refered to and orthopedic specializing in the spinal area but cannot get into see him til next month. I was told the main area of my evaluation that brought me down was absenses dating back to "march" which was when all my problems and pain got worse. All of which I had doctors notes for. After I raised a little cain with HR I found out my superiors should have had me on what they call an intermediate FMLA. I was one of those that worked all shifts on short notices ect and now I think I am a liability so they are I think trying to find a way to tee me off enough to quit..so much going on there. I tell you what though I am like the others here, they better watch it cause I know my rights somewhat and I have put my heart and soul into my work and I love my job. I am not workers comp case but I do know that back in 1994 I did pull a muscle while working there and my back hasnt been the same since. I did not file for workers comp them because I was scared. I have seen how they treated people that did that. I was also in a car wreck in 1992 where I broke my right leg fibia and tibia at the ankle and was in a cast for 6 months so this could be some problems from that also. Just hang in there and fight for your rights. These companies just have to realize they cannot treat people this way. In my case I went back helped em get caught back up and now I think they are trying to downsize and I have served my purpose so now it is all about the friendship thing and who they want to keep and who is a liablility. I have all kinds of documentation to cover my butt. You do that same. Emotions are high on this I can tell and for good reason. Will be praying for you, stay tough and yes I agree with a previous reply...get another lawyer...
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Summerset

 
Old 09-23-2003, 03:05 AM   #11
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Posts: 62
20carfan HB User
Post

Hi

I posted a version of this but you all seem to have a lot of knowledge with the freaky w/c system. Ive been in a disbute with a co I used to work for 2 years. My injuries prevent me from going bk ot work without a lot more PT and retraining. The disability policy I paid for through my employer has denied my claim twice, saying my injuries don't prevent me from doing the job, despite letters from 5 doctors saying the opposite.

I am wondering if disability insurance co sometimes deny a disability claim as a 'curtosy' to the company they supply insurance to, especially if the person is on w/c I'm not sure if this is true, any ideas?

Thanks!

 
Old 09-25-2003, 06:13 PM   #12
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Join Date: Jul 2003
Location: bethesda, MD,usa
Posts: 186
colleen b HB User
Post

Hi Elizabeth!

I am so sorry about your wc case!. The only thing you should worry about though is your health, and I mean physical and mental.My doc that the doc in Giorgia referred me to is helping me so much. I wish you would come and visit me and see him. I am only 3 hours from you and you are welcome in my home for as long as you wish. ( your hubby too). Dr. Friedles is so good and so is his therapist. Please come see me. I wish you would call, for I lost your number.( pain pills make me have dimensia before my time). They have diagnosed me with si dysfunction, not hypermobile, but the opposite, can't think of the adjective. I wish you well.I am still waitressing @ Ruth's Chris. It helps me keep busy, not that my children and my new dog don't, but it helps my depression. I love my job. Never thought I would say that @ 38. I have 2 degrees and I do what I like instead. It keeps me in shape. Anyway, I am babbling. Please call me. we need to catch up.

Hugs and Love,

Colleen

 
Old 09-25-2003, 11:35 PM   #13
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Join Date: Jun 2003
Location: Pittsburgh,PA ,USA
Posts: 138
lostsoul15204 HB User
Post

Hi again Jasonswife, They did the same thing to me and I immediately calledd my Pain management doc to write me a light duty script. Call Edgar Snyder here in Pittsburgh, He will definately take your case. If it is 90 days from injury you can go to any doc you want to and all work comp can do is file a report to say treatement is unnessary and you will get your day in court. I had to go back on light duty but if injury is aggrvated you have another law suit against employer and that quack that released you to full duty. They dont care at all as one poster called them ****** ,he was right on the nose about that IME docs are paid to do exactly what he/she did. Hire another attorney and either get light duty script or something saying yo can not return to work until your injury is cor rected, Keep in touch, I was MIA for a while with deep deep deppression cause of lowering of pain meds to reduce my tolerences Good luck and GOD bless

------------------
Rick
__________________
Rick

 
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