multiple comp claims-same employer - Disabilities Message Board

ICC · 07-04-2006, 06:38 AM

hi all, i am new to posting though i have been reading all of the posts for awhile. now i know i need your help.
1999 2 herniated disks. out of work for 18 months. went back even though i still hurt but was afraid i would lose my job and benefits.
2002 got foot caught under broken floor. took myself to hospital and never missed work. worked in ankle brace.
2003 slipped in employers parking lot on ice. suffered severe concussion for 2 months. told by comp dr. i could work but not drive or do any lifting or bending. supervisor told me to go home because i was white as sheet. told him i felt disoriented and afraid to drive. he said "oh well go when you're comfortable." worked in outer space for 2 months.
2004 1 bulged disk (different one from the first 2 in '99 and sprained knee. out on comp for 3 months. returned again still in pain out of fear of losing job and benefits.
2006 after continual lifting knee gave out, went over on ankle, stood upright and had searing pain in lower back. notified supervisor i was hurt. again no offer of a ride home so i took myself. just wanted to get home. lifted arm in car to back out and had horrible pain in neck and shoulder.
Did everything by the book. notified insurance co., went to one of their panel dr.s. rec'd a "notice of denial" my first one out of all of these claims. have no idea why. panel dr. ordered MRI of neck only (showed 3 bulged disks and stenosis) EMG of UE (showed pinched nerve at C7) and LE, gave me a shot in shoulder which made it worse for 2 weeks. started aquatic therapy last week. therapist felt she couldn't do anything else. woke sunday morning with badley swollen ankle on side of bad knee. saw panel dr. yesterday at therapist's request. he said he has no idea why it's swollen. has never checked back , knee or shoulder out. always on my neck though i am in pain in 4 different places. even the aquatic therapy does me in. have an attorney involved. have no idea what my chances are of winning this case or why they denied it. i think they want rid of me because of all the injuries. husband and i have talked about it in length and have decided i CANNOT return there because we both feel i will re injure something. Any advise? anyone in the same boat? sorry but first posts are always lengthy to explain the details.

charliecat31 · 07-06-2006, 11:05 AM

Hi ICC

First, let me tell you how sorry I am for all of your pain and the stress of dealing with WC. Please do not apologize for the lenght of your posts. We all understand that there are many details to explain in order to get some advice.

I got hurt at work almost 7 years ago (back injury - I won't bore you with the details) and have been dealing with WC ever since, so I can sympothize with what you are going through on that end.

I know you said you have an attorney. Talk to them and see if they will get you a second opinion of this last doctor. I got some advice several years ago from a doctor that WC will only allow a second opion in the same field - but if you switch specialties then you can get an additional opinion. Say you are seeing a neurologist and have gotten a second opinion from another neurologist... switch to a neurosurgeon. Some great advice I was given that I thought I would pass along to you.

I would also talk to your attorney and discuss getting an FCE (Functional Capacity Evaluation) done. They can discuss this with your doctor and this eval. will give you documentation of if you can work or not. It's not a fun eval.

they will put you through the ringer doing all types of tasks to see how much you can lift, how long you can stand/sit, what types of things you can do. But believe me, this is a valuable thing to have. If you are interested in this, let me know and I'll be glad to answer any questions you might have about them.

I'm so sorry that you are having to go through all of this. Living in pain is miserable and I'm glad you have what sounds to be a very supportive husband to help you through it. I don't know what I would have done without my wonderful hubby all these years.

Please keep me posted on how you are doing and let me know if I can help in any way!
Take care,
Dee

ICC · 07-06-2006, 01:37 PM

Hi cahrliecat!!!! finally a response. thank you so much. I actually took the bull by the horns this morning. Have an appt. with my pcp tomorrow so I am aware of everything he has rec'd. Am changing dr.s from the panel ic co. dr. to a physical med dr. totally unbiased. have an IME which i hate in 2 weeks. talked to my lawyer and he said not to worry everything looks good. if's just all so unsetting with my personal health problems and now this. my biggest fear is losing my health benefits from work. i know i'll lose my paycheck sooner or later. have enough sick days to keep the checks coming until around mid-sept. probably going to apply for FMLA then to protect my benefits for another 3 months and then i guess COBRA which will cost an arm and a leg. Are you familiar with the FML? i could use all the info i can get on how to keep my benefits going and if not where to turn from there while this battle with the IC is going on.

charliecat31 · 07-06-2006, 02:42 PM

Hi again ICC

Glad to respond. Hopefully things will start turning around for you now that you are going to get in to see another doctor.

I did a search about the FMLA (sorry, I don't know much about it) and here is a link that will help a great deal. Looks like it has a lot of useful information and should answer just about all of your questions.
[url]http://www.dol.gov/esa/whd/fmla/[/url]

COBRA is so expensive. I had to resort to that myself and the premiums are so high. Just make sure that you get your payments in on time when you get to this point. I was a few days late on one of my payments and they cancelled my policy. Nothing I could do to get it reinstated. Just remember that for later on.

Sure hope you get some answers and some relief with your next appt.. Good luck with the IME. I was fortunate enough to never need one.

Please keep me posted on how you are doing.
Take care

ICC · 07-06-2006, 05:44 PM

thanks charliecat for the website. i'll do some research tomorrow. maybe when i see my pcp tomorrow he can tell me exactley what's going on with my neck, knee and back and also why my ankle swelled for no apparant reason. heading to lay down adn read some. had my first routine colonoscopy today and have been up since 1:30 a.m. alternating between the bathroom and swallowing pills. i'm beat. a good book will probably put me right to sleep. the better the book or movie the faster i'm out cold.

have a peaceful night!!