Workers' Comp - California

Stop pymt notice/ Start permanent disability benefits

workers — Thu, 12 Aug 2010 03:13:08 GMT

I was sent a letter stating I had reached 104 wks. & payments would stop. At the top of this letter is written “You may lose important rights if you do not take certain actions within 10 days. Read this letter and any enclosed fact sheets very carefully.” Should I be alarmed about this statement? What rights will I be losing? Is there a way to extend it? I heard it could be extended to 240 wks. How severe of an injury do I have to have. How is this done?

I was sent a 2^nd letter stating that PD would start. How do they determine how long this will last considering I’m not P&S yet or rated? Is WC required by law to start PD once I reach the max of 104wks?

I’m still being treated by my doctor. He referred me to 2 other specialists for consultation. The 1^st specialist wanted me to have a bone scan because he found a fracture. I had the scan done. I went to see the 2^nd specialist and he also wants to see the scan and have me get a blood test in 6 mos because he’s not certain about my condition. I went back to the 1^st specialist and the report for the scan was written about the wrong body part. In the specialist report he sent to my doc, he says I have to redo the scan so I’m waiting for approval and depending on the out come of the scan I may be put in a cast or possible surgery. Either or I will need time to rehab and will not be 100% ever again. The 2^nd specialist wants to see the scan and wants me to have another blood test in 6 mos. I’m sure both specialists will have to write their finale reports so my doc can determine whether I’m P&S at some point and I can get rated.

Workers Comp. and or Civil Suit

makaha — Thu, 12 Aug 2010 20:15:03 GMT

I started a job in March of 2009; due to tendonitis, I used a “pen tablet” instead of a “mouse” at my workstation. I started having severe shoulder pain on August 25^th and asked for an ergo evaluation, the evaluator (also the Director of Environmental Protection Health and Safety) had me take off the arms to my chair and stated that she would get back to me on reconfiguring my workstation. With no reply from the evaluator, on October 29^th I saw my family doctor for the unbearable pain. I was told he could not treat me due to the fact that it would be categorized as a Workers Comp claim; on October 30th I filed a Workers Comp claim and was sent by Human Resources to a different doctor. On July 12^th, after numerous trips to an Ortho and physical therapy I had rotator cuff surgery. I did not get an OK for physical therapy by my claims adjustor until 10 days post operation. My shoulder has since frozen up and I will now have to have a shoulder manipulation to unfreeze it and start physical therapy all over again. With no end in sight yet, could this be a civil suit against the Director of Environmental Protection Health and Safety at my workplace and a Workers Comp claim?

trial for work comp

tarah — Sun, 01 Aug 2010 16:17:06 GMT

I have trial this thursday... and i need to know if i can fire my lawyer then, thursday, or try to get new lawyer before thursday. current lawyer has been totally negligent, i just learned (online) that malpractice ...law... seriously negligent. should i write judge a letter because lawyer has not earned the 15% judge ordered in beginning,should i write to judge and explain all the dr. appts for chiropractic when brain accident is neuro, 3 court dates for settlement when the original work accident report has never been gotten until last month, well judge knows that...but does it matter to him if I don't say anything? over 6 month with no contact from lawyer did not respond to my calls ..reason rose who was handling case no longer working there, there's more but i think i have a caSE OH HERE'S THE WHOPPER JAn 2010 new laW STAtes now jan 2010 must paY MEDI-CAL baCKAll settlement ...i hired laWYER NOV 2007 SEVERAl settlement hearings before 2010 but rescheduled caUSE lawyer and dr. still no original report from accident at work...2 and a half years and they never got original emergency room report from injury at work!!

Stop pymnts w/o notice

loss for words — Fri, 06 Aug 2010 04:34:20 GMT

Here is my issue~ apparently mack in May when I seen my Dr, he wrote some kind of summary report to wc that made me permanent and stationary. This report was never forwarded to myself nor my lawyer. I was asking my lawyer what was the next step in this whole mess and th e assisitant kept telling me they were working on getting me a neutral Dr as they called it. Two months of waiting and not hearing nothing from wc or the Dr office I decided to call the Dr I seen in May, the nurse then informed me I needed to come in so they could make me permanent and stationary on July 26th. My normal check was suppose to be here on the 23rd of July and when it didnt come even the following Monday I suspected something was wrong. I called wc and they told me they were waiting on a report from a Dr I never even heard of~ after several calls they relized I had a lawyer and quit talking to me~ Called my lawyer and pleaded with them to get on the ball because I was never notified of my pymnts stopping. WC gave them the reasoning that back in May the Dr wrote a summary report that declared me stationary and they should of stopped pymnts then~ Still with no notification... Now I sit here with no money and several limitations, my employer will not allow me to return to my job, and I received an eviction notice today with 2 kids~ is there anything I can do?

comp. settlement

sayD — Fri, 09 Jul 2010 17:21:25 GMT

Seven years ago, I sat in a chair in a classroom while I was teaching in a CA community college. It collapsed and threw me against the wall, and I have 2 slipped discs, muscle spasms, and an abnormally straight neck. There is no dispute about the accident or the injury, witnessed by a classroom of students. I am sort of fine, but cannot lift more than 10 lbs without suffering spasms after the fact. I had never filed worker's comp before, but i have no medical insurance as a part-time teacher, and could not afford the care. However, the school where the accident occurred has "other problems" (I filed an EEOC complaint against them). I have paid out of pocket for physical therapy and other expenses when their endless delays and denials kept me in pain. I was also ignored... no return phone calls from my initial claim's company. The 2nd claim's people did return my calls, but would say things like "why do you keep calling? " (who wouldn't? ) The case worker finally said "why don't you settle" and offered me $8k. I knew that was too low because I'd already depleted what little savings I had in the 7 years since the accident. I talked them up to 15k, still thinking that was low, but so broke, I would take anything just to decrease the stress of talking to them.

When we went to court, i had no idea that i should have representation. I just figured it was a working accident and i'd been paying into comp. since i was 15 years old. In addition, I'd been paying out of pocket for care, and am still receiving bills from the orthepedist that the comp. company never paid. Somehow, i lucked out and got a conscientious judge. He saw the paperwork and the settlement offer, and said that in his 29 years of being a federal comp judge, he'd never seen an offer so low (15k.) He had it reassessed and the charts gave a figure for minimum 26k for my type of permanant injury. Because I'm so broke and because it was double the amount that i'd initially decided to settle for, I took 30k and an agreement that they'd pay the unpaid bills that keep coming to my PO box.

Last week, I got a summons for another court date by the same judge for mid-august. The comp. claims lawyer said that it was an error and that i'd settled completely. He said he'd request it be taken off the docket. HOWEVER, i recently went to the dentist for broken teeth and was told i needed a "bite adjustment" and crowns. Apparently, my lower jaw is changed due to the straightened neck, and my bottom front teeth are hitting my top front teeth, scraping the gums and causing other problems. I had noticed this over the past several years, but since i couldn't get the comp. claims company to even pay my medical bills, I didn't bother trying for dental help. Can i request the judge look at my dental issues as a part of my neck injury or send me for assessment on that level or did i settle and sell out my chances to be compensated for any additional issues (such as this) that crop up as part of the injury? Can i send the judge a letter asking that this be looked at, instead of cancelling my August hearing... or did i agree not to? I believe i agreed to settle for what was covered in the "physicians report of permanant and total disability," but even in that letter, my doctor had recommened a neurologist for possible nerve damage and I never saw one. I know i settled and i was lucky to have a conscientious judge, but what about things related to the injury that come up later?

thanks,

sarah

also--is it criminal negligence on the part of the school, and/or the 2 comp. claims companies? can i sue for pain and suffering? 7 years of fighting with these people. And some teller at my bank saw a check from the school (where i no longer work) . When i talked about it, this teller said that i didn't look injured (i am), and that comp. follows people making claims around to make sure it isn't fraud. I was insulted... from a bank teller. Apparently, he went to the school where the injury occurred for a year. This happened 2 days ago. I will be complaining to his manager.

how do I get rid of a case manager

workers — Sun, 04 Jul 2010 01:18:52 GMT

I've had about 5 different CM"S in the past 2 yrs. There was a gap of about a 1-1/2 yrs when I recently got a call from my present CM. He told me that he had been put on my case by my CA. to expedite things faster with my claim. He said he hadn't even read my case yet. I ended up describing my case to him so he would be up to date. I guess he was to lazy to do his job so I had to do it for him. I found out from my nurse she was the 1 who got him for me. He tried to blame my DR for the delays in my case and I told him it was the CA who was delaying things by not responding to my DR's request for approvals for 2-3 mos. Since then I have talked to him and he never seems to know anything about my case. He never gives me any info, he's always asking me for info and frankly I'm sick of doing his job for him when he could contact my DR's office and get the same info from them directly or the CA.

Do I have to talk to him? He's a real smart a##? Do I have to have a case manager or can I just disregard his calls and letters?
What exactly is he suppose to be doing for me besides spying on me?
Where can I make a complaint against him?

EDD decides to pay me additional check

SgtRocker — Sat, 03 Jul 2010 04:26:47 GMT

Here is my question. I have been out of work for some time. EDD cut off unemployement Insurance checks on me prior to June 1st. I understand the bill needs to pass the senate. My complaint tho is this. I just recieved a

form stating that the week of June 6th - June 12th is now able to be collected. This is July 2nd already. I had to sell off most of my goods in order to make rent. Discontinue many other service. Drop my college courses. Can I sue for stress? Had I gotten this check when it should of been forward to me I could have avoided moving forward and dropping out of college, would never had to sell my property. Seems funny to me that they would hold this back for this amount of time and we are talking over two weeks.

Dishonest AME report - Steps?

illumineart — Fri, 02 Jul 2010 00:41:21 GMT

My roomate's year old AME report stated that he needed back surgery, not to lift more than 25 pounds, and that he needed counceling visits etc. The insurance company for the last year has been denying his surgery and this finally lead to a court date to resolve the issue.

Once he got to court he finds out that just a couple weeks before his court date the 2 AME's filed new reports. These 2 reports were never sent to him or his lawyer and there has never been any follow up appointments to re-assess his physical health. Even though my Grandfather, a retired / renouned surgeon, ex doctore of UT University and the Utah Jazz, says he's doing permanant damage to his back and nerves by having the surgery postponed.

How can these drastically revised reports hold up in court (not to mention the judge he got was an ex defense attourney for medical insurance companies). He was basically told by the judge that his case was weak. Of course his case was weak... The reports were basically lies told by the AME's.

Never sent to his legal representative, or him, and just weeks before the case. That's about as shady and fucked up as it gets.

What can he do to contest the report, and are there any possible investigations / motions he can take against the AME's? What would you guys recommend doing?

How do you know it's a good offer?

Templeusque — Wed, 05 May 2010 18:07:21 GMT

How is a WC settlement calculated?

I thought that I had two options: Future Med or Compromise & Release, so what is Stipulation?

Aren't there two parts to a settlement – medical and permanent disability?

I expect medical would be based on the QME report, which gave me 23% Whole Body Impairment with a need for future medical treatments. QME listed them as including up to 3 PT courses (of 6 -12 sessions) a year, anti-inflammatory & pain meds as needed. He said future surgery was unlikely, but possible. I have asked for future medical.

My adjuster offered me $23,172.50 (100.75 weeks x $230) for permanent disability.

Does wage loss / future earnings not factor into this, at all?

I am working a limited schedule, earning a little less than half what I earned pre-injury, because I have returned to one job. I have not returned to the job where I was injured. That employer has already replaced me with someone without restrictions (I can’t lift more than 10 lbs., can’t work more than 6 hours/day). She is willing to offer me seasonal work. It’s a tax & bkkpg office, so, I would be helping out with clerical duties during busy periods and when others are on vacations (approx 250 hours a year). I would also take a cut in pay from $26 to $18/hr. Between both jobs, my annual wages were $83k, and now will be less than $40k.

Also, I am 50 years old. I planned to work until 55 at one job and until my death at the other. Is there no actuarial calculation for consideration of this loss?

~Rae Lynn

Which should I be filing for... SDI or WC?

BarbMeMe — Mon, 28 Jun 2010 06:31:28 GMT

A few years ago I injured my leg & knee in a fall at work. WC handled that case fine. In April I bumped the same knee at work and was scheduled to go for PT. Around the same time I found out that liver cancer (I thought I had beat five years ago) has metasticized into my lungs.

My cancer doctor put me off-work for a two months to get through the worst of the treatments. Also my PT treatments were put on hold. I went on SDI. The cancer doctor has told me that I may return to work part-time, if I feel up to it. I have now seen the physical therapist, who asked the WC doctor to put a restriction that I can't climb stairs for 4-6 weeks while I have treatments. My work location is on the second floor, and there is no elevator (not required by ADA as the building was built in 1954). My employer says that they have no other position for me, so I must be off work until I can climb stairs.

Can I switch my claim from SDI to WC? I'm pretty sure I can start WC now and drop the SDI, but I want to know if I can backdate the WC claim to when I was to start PT? Under WC, I will be paid almost double what I got from SDI. I'm happy to repay SDI all that they paid me (on an installment plan!). Also, my employer allows longer time off on WC, than the 12 weeks that FMLA allows.

My argument for allowing this is that the bump to my knee preceded when I learned about the cancer. It's just that due to appointment timing, I saw my personal doctor a few days before I went to the WC PT. If I had gone for PT first, I would have been on WC leave, when I fould out about the cancer.

~Barb

No Workman's Comp for Employee with Injury - Salvation Army

Annebelle — Sun, 20 Jun 2010 11:25:53 GMT

My adult son was injured on the job working as a clerk at a SA thrift store in So Cal in the spring (around Easter) of last year. He was a beneficiary of their residential rehab program from November until June 2008.

I don't believe there is any question that my son was an employee of the Salvation Army at the time of his back injury. State and federal taxes were withheld from his paychecks and he even used his paid one-week vacation to try to recover from the back injury. He was hoping to get medical benefits there but SA cut back hours to keep him just short of full-time employment.

The response from his manager and Salvation Army was that when hired for the job he had signed a document waiving or acknowledging Salvation Army would not provide Workman's Comp coverage for him. No state disability had been deducted, my son had no private insurance, and I could not afford to have his injury evaluated properly. My son was most afraid of losing his job and continued to work in excruciating pain. The injury had occurred helping a customer load a large TV they bought at the store into their van.

I realize it is probably most likely long past any statute of limitations as far as a Worker's Comp case. It is concerning that the injury was not evaluated and that there may be some permanent damage resulting in limitations in activity he should be aware of. Legal problems from the past resulting in incarceration of my son unrelated to the Salvation Army resulted in his termination, explaining the time lag here. It's hard for me to believe my son was the only person SA employed (and continues to employ) without Worker's Compensation. This probably saves SA a lot of money but it leaves an employee in a nightmare if injured on the job.

AME RECOMMENDED IN WRITING I SUE W/C CARRIER AND DOCTORS

true_american — Wed, 02 Jun 2010 08:47:29 GMT

Last September I received a copy of an AME report for my July 2009 AME examination. In the report the AME blasts the insurance company and the w/c insurance company doctors for denying medical treatment I need. In the report not only does he say I should file a lawsuit against the insurance company, but also says I should file a malpractice suit against the doctors who advised the insurance company not to authorize the medical care I need. In the report he comes right out and says “if I die because of their refusal to give me the medical care I need then my death will be on their heads”. In so many words he accuses the insurance company and their doctors of trying to kill me.
My problem is, my present w/c attorney of 10 years has done nothing about the AME’s report, and I’ve tried without any luck to find another attorney to take the case on as a separate civil and malpractice case. While the attorneys I’ve talk to say the case looks like it has merit, they all also say I need to find a larger firm that specializes in these kinds of cases.
Anyone have any advice, I only have 1 month left to try and pursue this.

Problems Collecting After Winning My Workers' Comp Case

Buffalo Babe — Thu, 20 May 2010 04:23:19 GMT

After a 12-yr. arduous battle in Los Angeles, my attorney was successful in getting my disability rating at 100%, with back payment for disability and medical expenses. The ruling was June 18, 2009. The Defendant appealed twice, lost both appeals, the last Aug. 6, 2009. Now I need to petition WCAB for penalty (pursuant to Labor Code S5814, S5814.5, and S5800) and payment of monies withheld from the settlement against court order. My previous attorney has subbed out, and isn't interested in pursuing this any longer. A reputable attorney I contacted said he would not handle this for me because I had a previous attorney. I need someone to refile the Petition and help me with the legal paperwork and serving papers. There is a significant amount of money involved, with an extremely high probability of recovery plus 25% penalty and interest. My questions are: Will a WC attorney represent me at this juncture, and How do I find one that will?

Buffalo Babe

laid off and workers comp

mh2 — Tue, 18 May 2010 14:23:26 GMT

I was employed as a dental hygienist and was laid off 5/2/2010. At that time and even a year before that I was having shoulder and hand problems. I went to a neurologist and was diagnosed with an cumulative trauma injury. Can I file workers comp as this injury occured during the time I was employed by this employer?

impairment rating and final settlement

lulu16 — Fri, 14 May 2010 23:53:33 GMT

I just came back from my attourney's office. We are going to trial. He has know idea why because they have agreed to almost everything except the impairment rating. I'm at 26% total body. Wondering does this equate to a lot of money or are they just being beauracratic? This how now been dragging on for soooo long and I'm over it. Please advise. Thanks!

Subsequent Injuries fund questions

riversand — Sat, 01 May 2010 21:37:53 GMT

Hello,

I received forms in regards to social security payments I am receiving to be fill out my portion and then the other portion to be filled out by social security and then to be sent back to the Subsequent Injuries fund in Sacramento, CA. This form is regarding my social security payments and/or award I am receiving and&nbs... order to calculate what payment from subsequent injuries fund may be due to me at this time, in accordance to the social security award I am receiving.

So my question: Is my two small pensions I am receving on a monthly basis, the company I worked for, and the Union pension must also be reported to Subsequent Injuries fund in Sacramento? &nbsp... Must these two small pensions be included along with the social security Disability I am now receiveing be reported to the Subsequent injuries fund? Do these two pensions apply?

I am near deaf, and by phone will be extremely difficult to communicate and I am perplexed and confused. &... I am confused on what to do as I can't find any answers regarding this issue in the internet. I appreciate your honest answers.

thank you, riversand

Mileage Reimbursement

zoorhino — Sat, 01 May 2010 07:15:34 GMT

I live in a neighboring state and must see a physician in California for pain management for my work injury. I see my physician about once a year. No doctor's in Arizona will treat me for a Calfornia work injury, since they have had trouble with the insurance company. I have been reimbursed for mileage in the past, but was only charging for mileage from the city of a relatives home I would stay the week and visit with. This last time, I charged full milleage, 400 miles R/T, because I felt I should charge from where I live. I submitted the paperwork under last year's form and amount for reimbursement which was .505/mi. The total came to just over $200. I requested payment in October 2009 and again in March 2010. I have yet received a check for mileage reimbursement or a reply to my request. I realize the amount is slightly higher than I paid in gasoline and hotel expense, but I should have received a response. What is my next step? Is there a form I should file? BTW, I am still covered for future medical expenses as I have not settled this in my case. I still receive treatment and medication. My disability rating is the only thing signed off on.

Thanks for any advise.

workers comp questions

workers — Tue, 27 Apr 2010 23:32:15 GMT

I have been on workers comp since June 2008 - June 2009 because of a foot injury. I went back to work in June of 2009 without restrictions but I was still under doctor's care. When I returned to work the CA sent me a letter stating that my payments would stop and that my P&S would not be determined, until Aug 2009 pending the doctor’s progress report. She said that I may qualify for retraining. I only agreed to return to work if my case wasn't closed. My doctor noted what problems I had with my foot and ankle at that time. I had an appt. scheduled in 1 mo. with him. I lasted for about a week and 1/2. I ended up resigning my position. I don't plan on going back to that line of work because it's impossible for me to do that kind of work anymore. I saw my doctor at my next appt. I told him, I had resigned. I told him when I was working I was getting rapidly worse. The pain in my foot & ankle was getting worse and was starting to make me limp more, I started to have pain and a burning sensation in both of my knees, pain in my right hip, my neck & both shoulders, 2 fingers on my left hand were numb, the tendionititis in my right wrist had flared up, headaches everyday and pain in my right arch. So he sent me for a blood test. Since my payments were stopped and I was sent back to work, I had worked for a week and a half but I was actually off most of that time convalescing at home before my next doctor’s appt. When I returned to my follow-up appt in July 2009 is when he sent me for a blood test. On my work status for put down that I was able to do regular work and he wanted to see me back in 2 wks. When I returned to get the blood results I had a high rheumatoid arthritis level. That is when he changed my work status back to temporarily totally disabled and requested an approval to see a Rheumatologist and a foot & ankle specialist. So on paper I was considered able to work for 6 wks prior to getting the blood test results back. He made the request for a couple of mos and there was no response from the CA.

I received a letter in the mail from the CA, 2 mos. later, it said that she was disputing my P&S. The CA wanted me to see a QME. In his summary report the QME agreed with my doctor and recommended that I see a foot & ankle specialist and a Rheumatologist. He also stated that I was not P&S yet.

I was finally approved for the foot & ankle specialist some 7 mos. later and the doctor said I had a fracture in my foot. He also wanted me to have a bone scan, which was done recently. I have been approved for the Rheumatologist but have not seen him yet.

What I would like to know is, since I've been on workers comp. for almost 2 yrs. what can I expect to happen when my 2 yrs are up. My date of injury was June 17^th 2008. I saw a doctor on the 18^th and was sent back to work the following day for another wk. I was taken off work a wk later and had been off work until early June 2009. I returned to work in June 2009 and considered able to return to work. I was taken off work again in July 2009. About 6 to 7 wks I was considered able to work and was only on medical. How does this fit into the 104 wks that WC covers?

If I haven't finished being treated by the foot & ankle specialist and Rheumatologist will my case be extended or am I going to be to be told that the statues of limitations is 2 yrs. and I am no longer covered by WC or am I going to be declared P&S and just sent back to work with restrictions? If I'm sent back with restrictions I assume I have some sort of disability. Am I correct in assuming that my doctor will be the person deciding whether or not I'm P&S and he will give me a percentage rating or will I have to see the same QME I went to. What are my options?

work comp or civil case?

Prestige — Mon, 26 Apr 2010 01:38:19 GMT

I was injured on the job in august of 05 with a back injury. 14% disability after all the doctors appts. Sept. of 08 I was put in the half nelson surprised from behind by a supervisor and havent walked right since. MRI reports show more damage after that incident. I was compinsated with some money, around 11 thousand for the first injury. Nothing for the second. With all the doctors, pain and permanent limp I have I think 11 in a insult. Mind that I was told to do what I am told at work or its my job. I was doing a 2 man job by myself. I have also a knee injury where I have complained for months about working on them with no protection. My bones are worn off in my knee. My leg can barley hold itself together if I hold it right. Insurance company sent a check for 2000.(all with open medical still). Im upset that a company can denie people like me in such cases and turn their backs while hard working people are injured and reported at work and told to go to your own doctor.

My question is.....Is there a Civil suit or something to pursue after this? I think that small change given by a work comp insurance company doesnt fix the fact that a person was put in a situation to be hurt. 2 of the 3 injuries I made clear to management that it was too much for my body over the course of months. The injury where is was horseplay I couldnt prevent and that is the one that gets pushed under the table.R After that one my MRI report showed more damage. Its a huge company that has hurt hundreds since I started 15 years ago. Some people talk to the bosses and get told to go to their own doctor. This is not ok and I thought against the law. If you get hurt at work it should be filed at work. Only after I obtained a lawyer were my cases accepted by WC. I feel like I was hit by a drunk driver and the drunk got off free and clear. Companys should not do this. Help with any advise.

Usual and Customary work & SDI

BinkyABT — Mon, 29 Mar 2010 06:42:20 GMT

BACKGROUND:

I was injured in 9/2008, had surgery 2/11/2009. I was off work from 2/10/2009 until 6/1/2009, during which time I received WC and SDI payments. Normally SDI and WC are the same amounts, but because the SDI rate was higher in 2009 (when my disbaility began), I received the difference between 2008 WC (when I was injured) and 2009 SDI. It was around $40/wk.

I returned to work part-time on 6/2/2009, working 16 hours a week. It increased a few hours every month, until 12/2009 when I was up to 30 hours a week, which is what I am currently working.

My "Usual and Customary" work schedule, before the inury, was 70-80 hours a week between my two employers. I've worked at one job 22 years and the other 24 years, so it is definately a "usual and customary" work schedule.

I was P & S in 11/2009 and I stopped receiveng WC payments. My SDI increased to cover the wage loss. In 2/2010 I saw the QME and was rated 28% whole body, with 70% occupational/ 30% non occ pro-ration. I have not settled my case.

QUESTIONS:

Does "Usual and Customary" apply only to the job where I was injured? I don't expect to ever be able to work 70-80 hours every week.

Can I receive Permanent Disability payments from WC ($230/wk - amount mandated by law) and still receive SDI for wage loss? I was able to do that when the WC payments were labeled Total Temporary Disability.

Employer is not submitting WC paperwork to insurance company

alwaysthinkpositive — Sat, 20 Mar 2010 23:10:11 GMT

Hello,

I've googled this to death and can't find any answers. I hurt my back at work. I work in a large, chain bookstore. The morning I hurt my back, the general manager and the assistant manager were fighting like crazy. I have been employed there for nearly 3 years, and have had great relationships with them. Things had been extremely stressful at work due to the company's financial difficulties and cutbacks. I am responsible for maintaining a specific department in the store, and usually work the early morning shift. On that particular morning, it was chaotic with the fight. The assistant manager was freaked out and needed to move some display tables before the store opened. She asked me to stop what I was doing and help her and another employee move the tables. Usually, the tables are cleared of books before we move them, but she was in a hurry and felt we could get it done with it full of books. She had me and another coworker lift the corners of the tables and she would put furniture sliders underneath each leg. These tables are 8ft long and approx. 4ft wide, with at least 100 books on them. As we were lifting the tables she was actually snapping at us to hurry up. As I lifted one of the legs, I felt a sharp pain in my lower back. I didn't mention to her because she was in a really foul mood, and we had to get the store ready to open. A few hours later she came by my work area and asked how things were going. I told her that I needed to take it easy because my back was killing me from lifting the tables. I'm not a complainer, and I am good at my job. I don't know, but she barely responded. This happened on a Tuesday. Due to payroll cuts, I was only working 3 days that week. I spent the next few days laying on the couch, resting my back. On Friday, she saw me outside of work for an hour or so(our dogs play at the same park) and I couldn't stand up straight. I was in massive pain. She commented on it, and even picked up after my dog for me. I was off for another two days, and then went back to work. (Sorry this so long)

I went back to work and she handed me an assignment to move some large book displays. She told me to be careful with my back. I worked slowly and carefully. My back started to feel a little bit better, but I was babying it. It never felt good, though. The following week, my back started feeling really bad again, without doing any heavy lifting or anything. I woke up in the morning and couldn't walk, and in massive pain. My boyfriend drove me immediately to the urgent care center. I told them that it was worked related, and filled out some forms. They called the store for authorization. The doctor examined me, gave me some medications, instructions, and wanted me to get into physical therapy. I went home took the pain pills and crashed for hours. I was out of it. I went two days later and dropped off my paperwork. Both managers were there, and they were extremely rude to me. They took me off the schedule for a day, and then scheduled light duty shifts later in the week for me.

Fast forward two weeks, my doctor's office called and said my employer has not turned in any paperwork to their insurance company. By the way I have been treated by my managers, they either think I am lying, or god know's what....they won't talk to me. So I don't know what to do. Can I still go to the doctor? The doctor called and said I can't go to therapy because of the insurance. My back is still really screwed up. I feel like I am going to lose my job over this. I've lost what I thought were friends. In my condition, I can't go out and get another job. I don't know what to do. If I go over their heads, my life will be miserable at work. I don't know what I should do. Thanks for any input.

Thanks also for reading this longwinded post.

Medical insurance

aangie — Mon, 15 Mar 2010 18:03:10 GMT

I had a knee replacement in January 2010 it was an accepted claim. I filled out the FMLA papers which saves me with my medical insurance for 12 weeks( I've been paying only my portion). The question is I will probobly be out at least 2-3 more months. Is there anything that can save me from having to pay Cobra for the remainder of my TTD? If not any suggestions I cannot afford the premiums?

Thank you

injured at work

Shenskullz — Sat, 13 Mar 2010 01:54:19 GMT

I was injured at work almost 2 years ago. Reported the same day the letter stated. "Your injury was not timely reported and for this reason is not an accepted work injury claim." They also sent to there doctor the same day and again the next week. i have been in pain everyday sense the accident. I tried to get a lawyer before in the area and when i told them who the case was against and i was hung up on. I have now moved and I am trying to find a lawyer. Its also a Casino so it falls into Federal. I need help and i dont know what to do anymore.

adjustments to mileage for reimbursement

KimberLC — Mon, 08 Mar 2010 18:31:05 GMT

Does any one know if it is legal for a W/C adjuster to change the mileage reimbursement amounts. I used an appx. mileage of 30 miles R/T to my Dr for the first few weeks, the adjuster used map quest and changed it to 26 miles. But if I used thier map quest route it would take me an hour and 5 minutes to go one way. I did an actual using my odometer and it is 36 miles R/T and takes me 20 minutes one way. Do they have to pay me based on my odometer or based on map quest?

question regarding payment of mileage and textbooks ....

iandotcom — Mon, 31 Aug 2009 00:07:59 GMT

I am returning to school to earn an A.S. degree and was told to inquire with my attorney regarding being reimbursed for the educational expenses and travel/mileage reimbursement. I can't remember what the person called the program and have contacted my attorney's office to ask him about it but was trying to research this information online, too.

I am curious if anyone can give me any insight or the location on the W/C website where to find more information about this matter. My DOI is 08/28/1999 (yes, just "celebrated" my 10 year anniversary) and there are multiple injuries to my case. I understand that the date and number of injuries being covered are important points to consider, as different laws were in place in 1999 and many apply to my case even still to this day.

Thank you for any info you can provide. I am very curious about this and the distance to the school where my classes are located is over 80 miles from my home so mileage reimbursement would be a God send! There are only 5 programs in the State of California where the PTA program I was accepted into is offered and this is the closest I could come in Northern California!!