Workers Comp - Advocacy

Workmans Comp as it applies to military sericemembers

Nisha7280 — Thu, 19 Aug 2010 18:42:24 GMT

Do workmens comp claims apply to National Guardsmen? I have a simple condition that was discovered while on active duty, and the National Guard has refused to treat it, stating that I fell into a loophole that revokes my entitlement to treatment, but I cannot return to active duty until it's fixed. I've been to the VA and they're helping, but I wondered if they have the right to do this?

Can Not find a Dr who will take federal WC

birdlover — Fri, 09 Jul 2010 21:39:58 GMT

My husband has been on Federal WC disability since 2000. He has had back surgery and the surgeon has put him permanent and stationary. The surgeon then released my husband from his care. The problem is that my husband’s WC Dr has moved and I cannot find any Dr that will take an old WC case.

He is getting his care from our family Dr with Medicare and all of his meds from the VA. Our family Dr cannot fill out the WC forms because his office does not take WC. My husband case worker was OK with us using the VA pain clinic and sending the reports to him, but he is telling us now that we need to find a WC Dr to fill out the forms. He does not have an answer for us when I tell him I cannot find a Dr to take his case. I have called every Dr within 3 hours of our home.

I am hoping that someone has a good idea on what I should do next, We cannot afford to lose his benefits

Appeal IME & Help receiving medical

jones3d — Tue, 27 Apr 2010 02:18:13 GMT

I suffered a traumatic eye injury in June of 2008 while working construction in the state of New York, the company i work for is based in Wisconsin, I however live in Arizona. I recieved a majority of my Medical in Wisconsin and was told that I could get further treatment in Arizona. Since moving to Arizona, I have had major difficulties receiving any type of Medical treatment because my case is a major liability. My assigned work comp nurse in Arizona had me go to Three IME's and I have been released for light duty work. However, there are recommendations i don't do any commercial driving, don't operate heavy machinary, or do any precise work. I am also now considered a High Risk employee as my chances of another injury have greatly increased due to loss of vision.

My questions and problems stem from this. I have been seen in 3 different departments: Optomology, Nuerology, and Psychology. Optomologists have determined i am at max medical. Nuerology was being assessed as i was having stroke related issues, but there has been no follow ups or further medical treatment. It's been a stand still, the nuerology IME states that there was no link between my injury and the symptoms i was having, as the symptoms were not reported until months after the injury. I was in and out of surgery 5 months after my injury on high doses of narcotic pain killers. I have some disparities with that side of the IME. Psychology, i saw a psychitirst as a normal evaluation after my injury and didn't see a need to continue treatment at that time, however. . .further down the line i have found reasons to seek help as i'm having difficulties fully coping with my injury. I have made requests with my work comp nurse and my adjuster, but nothing has developed. I do retain the right to seek my own personal treatment, but like i stated I am having difficulty finding any dr. that will take my case as I am high risk patient.

My Job also causes me to travel, so if I go back to work I won't be able to seek regular treatment but if I seek regular treatment I can't go back to work. I have recently been taking off full disability and am on partial disability. I have been unsuccesful in getting my medical records as well.

I have attempted to go back to work once already, but was taken off by nuerology dr's as stroke like symptoms became more frequent.

My questions come down to this Do I need to retain a lawyer in order to recieve medical treatment I'm entitled? Can i seek a lawyer here in AZ or should i find one in WI? What do I do about work and seeking medical treatment?

I am rather overwhelmed by everything just trying to get things cleared up so I can get back to normal life.

Any help would be greatly appreciated

Accepted claim advise needed

mikeyc — Mon, 26 Apr 2010 23:01:37 GMT

Hi, I am an autobody technician/painter.In Oregon. I recently opened a workers comp case involving pain in my wrists. Originally,I thought it was a simple case of carpel tunnel, but after testing I was diagnosed with osteo arthritis. The workers comp co. accepted the claim as a "occupational desease". After 6 weeks of phys. therapy they determined that it was only aggrivating the condition so it was stopped. I then did a "physical capacity" test on my left arm and was diagnosed with 88% disability in my left arm. Since then my right wrist has lost quite a bit of function and was diagnosed with the same condition.(original bone scans showed signs). Today they called me and wanted to know if I wanted to add my right wrist to the left wrist claim or open a new claim on it. They also told me last friday that my claim on my left wrist was slated for closure and that my time loss payments would stop.

Why would they ASK if I wanted to open a new claim? If I open a new claim do my time loss payments start up agian? Will time loss payments continue if I add the right wrist to the exsisting claim? Will adding it to the exsisting claim lessen any settlement amount?

Employer steals from Employee

jenjfer10 — Thu, 22 Apr 2010 20:39:04 GMT

My mother's boss is cutting her pay 2 dollars an hour. She is a trainer at Stake and Shake for about 10 years. Her employer is forcing her to take the 2 dollars an hour pay cut. She did not agree to anything. What would that be?

Below knee amputation-W/C case

David Densmore — Wed, 14 Apr 2010 21:06:51 GMT

I broke my leg June 24, 2008 while on the job. To make a long story short, i had twelve surgeries over the course of 20 months. The last one was to amputate my leg below the knee Feb. 8, 2010. The broken tibia wouldn't heal due to the MRSA infection. That infection went undiagnosed for the first 3 months after my injury. Needless to say I'm fairly frustrated with the way all of this has happened. I received a salary paycheck from my employer most of these past 22 months, but for the past 6 weeks, I've been receiving insurance checks from Liberty Mutual(doctor wrote me out of work). Prior to that I had a desk job as a supervisor that had been given to me after my accident. I hate doing that job by the way. Unfortunately in my state, there is a cap on how much work comp will pay you every week. I exceeded that cap, my normal pay prior to injury was double that cap. I do know work comp will settle with me when I am given a rating from my doctor, but my question is, are they going to try to screw me to the wall? Should hire a lawyer before then? I know I only have two years from the date of injury to file suit. I have already done that on the homeowners insurance at the house where I broke my leg. Anyways, I'm extremely worried because the job I did when I was injured will be impossible to do now, even if I'm walking fine on a prosthetic. I only have one year of college under my belt and this particular trade I spent 10 years doing. I'm 32 so that's pretty much all I know how to do. Any suggestions?

Permanent Partial Disability, not at MMI ????

Nauset — Mon, 08 Mar 2010 03:19:29 GMT

I have been seen by IME and he concurs with my surgeon, that I will need a knee replacement in the future due to my injury at work. IME report also stated that I have permanent partial disability but have not reached MMI because I will likely need surgical intervention. The report has been filed with the NH Dept of Labor. At the moment I am not receiving any WC benefits, I had returned to work on "light duty" and was laid off. I can no longer physically do my job without several accomodations. I am receiving unemployment Fairly young age so the knee replacement is likely years away...........What happens now?? how long can this process take ?? I'll never reach MMI unless a replacement is done so I could be in limbo for years??? Unable to work in my trade of 30 years

Workers comp question for the virgin islands

speee1dy — Thu, 11 Feb 2010 18:07:42 GMT

I know someone who is on workers comp in the virgin islands, she would like to know if its possible to switch doctors or does she have to stay with the original one. She is dissatisfied with the current doctor and does not feel shes getting the right/correct care?

eligibility for unemployment compensation

angrytemp — Thu, 11 Feb 2010 20:10:44 GMT

I have worked for the same temporary agency for over 2 years with much of the time spent at the same location. I applied for a job directly through the company I was working for and was denied employment for a semi bogus reason. I lost my temper and discussed with friends on facebook and was "removed" from assignment. I am currently still eligible to work for the temp agency, but am no longer able to work at the factory I have been working at. I never specifically said the name of the company I was working for and don't have it posted anywhere on my profile. What I want to know is what claim do I have for unemployment benefits? The "misconduct" I was removed for was done on my own time, at my own home. Do I still have a right to collect unemployment?

needing a lawyer

Tom18 — Tue, 02 Feb 2010 19:46:01 GMT

I am a driver for a company called Ruan that is contracted to a grocery company(Fry's) where we deliver only to them. Yesterday one of the employee's was smoking at the doorway where she was inside the building. The smoke hit me so hard that I had to go to the hospital for breathing treatment. The store manager talked to my safety supervisor and she told him to file the report as a customer and not as a employee. This has happen once before except it put a strain on my heart two days later, and it cost me about $5000.00 out of pocket. Because it was two days later I could not prove it was from an employee smoking in my trailer that caused it. My boss will not do anything about it and told me last year I could not talk to the grocery company (Fry's) about it. I have filed complaints with the state and nothing has been done about this. Workerscomp did not take care of it the last time. I think I need a lawyer but not sure what kind or if anyone will help.

Tennessee W/C Question

romez — Wed, 20 Jan 2010 17:55:52 GMT

What is limitation to re-open a closed W/C case. What are the chances of being able to win your case? The first time it was settled outside of court. Wasn't mentally stable at the time to make right decision. I did have a lawyer.

Holding wage continuation checks

Shannon Rice — Thu, 14 Jan 2010 17:25:49 GMT

If I have a workers compensation claim and am getting paid wage continuation and decide to quit my job, does the employer have the right to hold my last wage continuation check?

Federal Workmans Comp case

melvis — Sat, 02 Jan 2010 23:02:33 GMT

Good afternoon everyone!

I am desperately seeking any websites or forums that have useful, up to date information on federal workmans compensation. And not the governements websites. Although those are helpful, I've had enough of the governments bs and am looking for advice on good attorneys, doctors, and fighting this system on your own.

It would be nice to have a site where you can print form letters addressing issues like:

1. Appealing incorrect diagnosis on your accepted claim.

2. Refusal of a unsuitable job offers.

3. Requests for referee examinations, and copies of documentation in your files.

Also, if anyone has any referrals to good attorneys who aren't working for the government themselves, and doctors in the WA state area that are willing to write up assessments and complete the long line of paperwork associated with OWCP, that would be greatly appreciated.

Thanks

Melvis

Is there retroactive pay when switching from OPM to OWCP?

Sarah2010 — Tue, 10 Nov 2009 19:57:00 GMT

Hello, I hope someone can answer this question because I've been trying to find an answer for the last 10 months but unable to. My question is in regards to the Labor Department's Election form (Form CA-1105).

I have approved disability claims with both OWCP and OPM and I was told that I can switch between the two agencies at any time. I was originally with OWCP and switched to OPM about 2 years ago. Now I would like to switch back to OWCP due to a death in the family and financial reasons.

I read on a website that I would be eligible for retroactive pay from OWCP for the difference in pay between OPM and OWCP for the 2 years that I have been with OPM. Is this accurate?

If so, does the retroactive date (when I switched to OPM 2 years ago) go on the "election date" line on Form CA-1105? Is this how I let OWCP know that I want to claim retroactive benefits (e.g. the difference in pay between OWCP and OPM) for the 2 years that I was with OPM?

If anyone can answer this, I would greatly appreciate it. Thank you for your help.

work comp and medical marijuana

annonymous80221 — Sat, 28 Nov 2009 22:03:11 GMT

I was hurt on the job and I have a medical card for marijuana will the insurance company deny my benefits? I dont use my medication during work hours but it is in my system.

my company has not reported my worker's compensation claim..

BW1974 — Mon, 30 Nov 2009 20:27:24 GMT

I work as a maintenance technician for an apartment community. I was recently injured on the job and had to undergo a hernia surgery. I have been on doctor's care for 4 weeks now and my company has not reported this injury to worker's compensation. The injury was reported to my immediate supervisor, property manager, who reported it to his regional manager. Shortly after it was reported, both the regional manager and my property manager's employment was both terminated. The company replaced my former supervisor with a part time property manager. Do I have any recourse?

WORKER'S COMP - NC RE: MRSA & BURSA REMOVAL

robin5242 — Thu, 22 Oct 2009 20:50:45 GMT

What's the impairment rating for this? Here's my story:

I hit my knee at work which resulted in MRSA. My doctor did surgery to remove the infection (they took out my bursa sac). I will never have any feeling in that knee b/c the doc had to cut through the nerves and I will never have any protection on that knee so it hurts when I kneel (which my job requires that I do a LOT). My doctor released me and said there’s no impairment rating for this issue – is that correct?

tennessee workmans comp

joefuss — Sun, 27 Sep 2009 13:16:10 GMT

My attorney had me sign medical release forms for the lawyer of the insurance company that my employer has. Is this standard? It is a workmans comp injury.

workers comp wont cover

Joe68 — Fri, 13 Feb 2009 17:16:40 GMT

Today i recieved a phone call from workers comp telling me that they will not cover my injury do to that me doctor in his notes did not state specifcly that my unjury was work related. Basical where it ask on the form Qoute:In your opinion is this disability as a result of the injury described above. He left that blank. I know from my last post i was told i could set up a hearing to dipute it my question is should i get a lawyer to help me Dispute this claim? and also why wouldnt my doctor be required to fill in the whole form? I feel the the workers comp company is jumping the gun no one really knows the extent of my injury yet. I am Scheduled to go for an MRI today to see the extent of my injury. Any help would be great on this matter.

Also one of the reason they will not cover is becuase i did not feel the pain right away at work but woke up with the pain that night and reported it to my employer at 5:30AM the next morning. I have been trying to find a law that fits my case so i can present it to the comp company. is there such a law?

Thank you
Joe68

Disability termination

ahyatt — Sun, 07 Jun 2009 11:26:46 GMT

I am a disabled vet and I have worked for the same company for over two and a half years. I do apartment maintenance. I hurt my knee on the job and had to have surgury last tuesday. On friday there was a note on my door saying I was terminated and gave no reason. Is this legal. I filed workman's comp. I have to move in 30 days with no job and I'm still recovering from surgury.

mmi

intellec — Sat, 12 Sep 2009 19:15:43 GMT

state of alabama: what are the reasons my ttd checks stopped? i have permanent injury, can`t perform heavy labor job, because of foot drop, torn ligaments in knee, i am at mmi, should they continue?

I don't want to Appeal this again....mentally exhausted..

Mary6 — Fri, 28 Aug 2009 01:16:30 GMT

I filed for WC and was denied. I appealed it and the state ruled in my favor. The decision was reversed and the employer was ordered to pay...Now the company is appealing it again and I just don't want to go through this again... Many things happened after I got injured. Punishments , write ups , and you can guess the rest of what happened to me .....

If I don't show up for the appeal then will it be dismissed ? I am not required to attend am I ? I want to get on with my life. I want to move soon...

Another option might be a phone conference ( if I move away ) as it feels a little less stressful as instead of appearing in court and watch my former employer * lie * again to the state and I can't stomach that right now.

Thank you.

Please understand I can't give too much with specifics to protect my privacy..

How can overrule Longshoreman?

ShawnRobbins77 — Wed, 22 Jul 2009 01:27:31 GMT

Hello all,

All information included here is as I remember it and may need clarification. If it doesn't sound right, it may not be and I can respond to any questions directly after clarifying them with my father-in-law.

My father-in-law, as a supervisor at a local shipyard was injured on the job. He was relocated to a desk job to recover and slipped and fell in a sliding desk chair and further hurt his back/neck which had until this point not been properly diagnosed. So he went back and finally got a xray/MRI or some other scan that showed damaged vertebrae. He had paid for years into salary continuation and so forth and was now getting paid, but fighting with workers comp to get the damage fixed. As I remember it, they told him that the damage was preexisting, which may be so, but it was preexisting from a previous work related fall only months or so prior. He had doctors attesting to the damage, but WC fought him tooth and nail. He finally got the surgery, which by the way did not stop the pain, and now they have stopped paying him.

This ordeal has been going on for 10 or so years now and seems to have no end. The US Supreme court ruled in his favor at one point that WC could not direct him to a doctor that was on their payrole. I feel this is significant in that, as he tells me, the ruling directed them to give him a court hearing rather than trying to find a doctor to argue against him. The Longshoreman located in New Orleans completely disobeyed the ruling and proceded to find ONE doctor who says "he's fine, send him back to work", contradictory to what 10 other doctors say. He suffers extreme pain and gets regular botox shots in his spinal region which seem to be losing their effectiveness as the years go on.

Fairly recently they offered him 150k and open medical which seems attractive, but he has to pay back Social Security that he has been drawing for a couple of years. Not only that, the 150k would be the money that they should have been paying him for the past couple years but stopped doing. Remember, he paid into salary continuation insurance for many years.

Now the predicament. As an outsider, I only one see one side of it, but it seems to me that the attorney working the case has questionable motives. How can any agency ignore a ruling by the supreme court, and if they do shouldn't his attorney have a route to file a complaint? Also, any time that an additional attorney referral is offered, it goes back to his attorney now as being the best in the business. It seems to me that somebody should be able step in and overrule the single person at the WC office in NO who now has a personal vendetta. The case is pretty big and not even local senators/representatives are unable to help. How can FARA and/or the DoL be overruled and/or sued? He is getting into his mid 60's and I think that they are betting on his retiring and or passing away as an end to their situation. Why should they get away with delaying this for 10+ years?

Thanks in advance. If any of this is rambling or unclear, please ask for clarification. I will get directly with him restate the issue.

Are mental Health issues ever considered in WC settlements

Nichole1234 — Mon, 08 Jun 2009 16:24:11 GMT

After 3 years and 5 operations to repair a broken knee cap, finally resulting in knee replacement, the depression, anxiety and loss of self esteem has been another unfortunate result of my injury, Inability to work and do something worthwhile as well as the financial devistation from the reduction in income that leaves me having to constantly impose on my family just to pay general living expenses. All these factors are directly tied to my accident. I would also like to ask how it is handled when we are requesting to have WC pay for College classes due to the fact that I will not be able to continue on my current career path.

Thanks for any input you may have

WC decision

Tacoma — Tue, 21 Apr 2009 18:41:45 GMT

The Voc Rehab decided that I can be a minimum wage worker at a job I have never performed nor have any desire to do so. ( I am overqualified due to a degree). The claim manager has decided that I am able to return to work and have stopped my comp pymts. My Dr knows that I cannot perform duties at this time. They will continue to pay the medical- but I cannot apply for work because I am as yet unable to endure more than two- three hours of activity of any nature.If I were to apply for unemployment one of the questions asked is if I am able to perform duties, the answer is no (double edge sword here) What type of options are available to me? They will want to settle and Dr says that this is lifelong condition that has affected my quality of life. What would be my best course of action?

Somewhat unrelated- Another question is DO I have suit against old employer because they fired me. Yes this is an at will state. The excuse was "talking out of school" (this is a two person office) however my manager finally confessed to me that it was because of my injuries that I was fired. How is one able to prove this?