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<?xml-stylesheet type="text/xsl" href="http://prairielaw.com/utility/FeedStylesheets/rss.xsl" media="screen"?><rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" xmlns:wfw="http://wellformedweb.org/CommentAPI/"><channel><title>Workers' Comp - General</title><link>http://prairielaw.com/forums/60.aspx</link><description>&lt;A href="http://labor-employment-law.lawyers.com/human-resources-law/Human-Resources-and-Employment-Forms.html
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&lt;p&gt;How can this be? &amp;nbsp;I can&amp;#39;t work due to my spinal injury ( 5 damaged discs with corresponding nerve damage that causes weakness in my right knee as well as pain throughout my right let to my right foot).&lt;/p&gt;
&lt;p&gt;I have no other training to do&amp;nbsp;equivalent paying work and of course can&amp;#39;t do physical work of any sort now as both of my doctors have me on perm&amp;nbsp;restrictions&amp;nbsp;and saying I&amp;#39;ve reached MMI.&lt;/p&gt;
&lt;p&gt;I&amp;#39;d be homeless at this point if not for my 64 year old father allowing me to live under his roof. &amp;nbsp;&lt;/p&gt;
&lt;p&gt;What can I do, is there a lawyer that&amp;#39;s interested in this case and feels good about winning it? &amp;nbsp;&lt;/p&gt;
&lt;p&gt;Also of note, my fall at work came because the workplace was negligent of adhering to a 4 foot fall protection regulation of OSHA. &amp;nbsp;They discovered their negligence after my injury and now have put in place standards to adhere to said regulation.&lt;/p&gt;
&lt;p&gt;I was trying to play nice, to allow the system to take care of me and even more than willing to get into their Vocational Rehab program at OWCP to get trained and get back to work.&lt;/p&gt;
&lt;p&gt;Now after 9 months of no pay and no life I&amp;#39;m past the point of being the nice guy.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Any help in this area would be appreciated and taking action yesterday would be helpful. &amp;nbsp;It would have to be a paid if/when we when kind of deal but I&amp;#39;m okay with that now.&lt;/p&gt;
&lt;p&gt;Hell I&amp;#39;m okay with seeking suit for the OSHA violation for pain and suffering if need be now even though I&amp;#39;ve never been a litigious kind of man.&lt;/p&gt;
&lt;p&gt;Help...&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Settled 3rd party but have Workers comp lien</title><link>http://prairielaw.com/forums/thread/499539.aspx</link><pubDate>Wed, 18 Aug 2010 16:25:01 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499539</guid><dc:creator>tiredofwc</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/499539.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=499539</wfw:commentRss><description>&lt;p&gt;My husband has had multiple injuries (8 surgeries so far with more pending) and asked for a full body MRI since day 1&amp;nbsp;(and multiple times after that), but was told workers comp wouldn&amp;#39;t authorize a full body MRI.&amp;nbsp;He has been on workers comp for 5 years and we are looking for lifetime benefits (my husband has a physical brain injury and we have 5 doctors backing that up) which we are not going to pursue until after we go to circuit court to fight for $300,000 that we received (after attorney fees) from a 3rd party suit (for the same accident) that is sitting in a trust fund right now. My husband had a hairline neck fracture that required a fusion (C2-C3) which workers comp took&amp;nbsp;2 years after the accident to authorize. His&amp;nbsp;labrium was 3/4 quarters torn off the bone and his bicep tendon was torn which took 5 anchors to fix and it took workers comp 3 years to authorize this. Since workers comp settlement doesn&amp;#39;t pay for pain suffering (we feel my husband&amp;#39;s suffering was drawn out because of all of this &amp;quot;waiting&amp;quot; and his body was healing wrong- he has arthritis really bad) and loss of wages since you get only 66% of your pay. The lien against us is about $500,000 or so. My husband did go to a social security hearing and within 5 minutes the judge awarded him fully favorable for total disablility. We&amp;#39;ve also had to fight workers comp for a paycheck increase (we asked for it from day 1, but our lawyer just filed the Form 50 recently (May 2010, accident was Sept 2005) and the commissioner awarded us the increase which&amp;nbsp;gives a lump sum that we have to share with the lawyer). We feel this should be used in part of the equation of&amp;nbsp;getting the $300,000 because had they done the correct calculations&amp;nbsp;and not fought us we would have gotten the correct amount 5 years ago and wouldn&amp;#39;t be out $14,000 because&amp;nbsp;our lawyer is getting 1/3 of the $42,000 lump sum. What do you think about our chances of getting any or most of the $300,000 based on our circumstances?&amp;nbsp;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Paycheck increase</title><link>http://prairielaw.com/forums/thread/499392.aspx</link><pubDate>Tue, 17 Aug 2010 21:59:20 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:499392</guid><dc:creator>tiredofwc</dc:creator><slash:comments>2</slash:comments><comments>http://prairielaw.com/forums/thread/499392.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=499392</wfw:commentRss><description>&lt;p&gt;My husband has been on a workers comp case for 5 years. There&amp;#39;s been a dispute as to the amount of weekly pay he should be receiving. He only worked for the company for 2 weeks before his accident so there was no paycheck. The employer gave him the pay amount of people who worked there for 3 months not 52 weeks. Our lawyer finally did a Form 50 (5 years later) even though we&amp;#39;ve been asking for it since day 1 and we were awarded by the commissioner. We were given the max comp rate at the time of the accident and back pay for 5 years which comes out to be about $42,000. Our lawyer told us we had to give him 1/3 of the lump sum and we were concerned because 1) we were told he was paid out of the compensation award which we are not near to settling this and 2) we haven&amp;#39;t had to pay him 1/3 of my husband&amp;#39;s paychecks throughout these 5 years so why should he get 1/3 of the lump sum to catch us up on the pay we were entitled to. So, our question is: Do you think our lawyer is entitled to the 1/3 of the lump sum of the paycheck increase?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Medical Malpractice and/or Worker's Comp - Idaho</title><link>http://prairielaw.com/forums/thread/478072.aspx</link><pubDate>Fri, 21 May 2010 16:53:56 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:478072</guid><dc:creator>DOB0321</dc:creator><slash:comments>18</slash:comments><comments>http://prairielaw.com/forums/thread/478072.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=478072</wfw:commentRss><description>&lt;p&gt;When my daughter-in-law&amp;nbsp;was&amp;nbsp;24 weeks pregnant&amp;nbsp;she worked on a surgical floor&amp;nbsp;in a hospital.&amp;nbsp; The patients she worked with are those who have had gastric bypass surgery.&amp;nbsp; Part of her duties included getting patients up four times to walk during her eight hour shift.&amp;nbsp; She had a very agressive patient who required more lifts/walking then most, flailed about causing daughter-in-law excessive straining and to lose her balance and collapse.&amp;nbsp; Further, this patient was deemed not lift team appropriate, by the supervisor of the floor.&amp;nbsp; By the end of the shift she began experiencing minimal cramping, once home in bed it turned to excessive bleeding.&amp;nbsp; &lt;/p&gt;
&lt;p&gt;The physicians treating her in the emergent situation discovered a placentia previa.&amp;nbsp; A review of her medical chart from the previous practice group (a job transfer for my son, resulted in them relocating) indicated that this condition was&amp;nbsp;NEVER communicated to her.&amp;nbsp; I am not sure if it was diagnosed and noted in the charts or perhaps not diagnosed.&amp;nbsp; The&amp;nbsp;new doctors were able to determine via previous ultra sounds that were a part of the chart.&amp;nbsp; &lt;/p&gt;
&lt;p&gt;She is in the hospital now for a third time, this time with contractions at 31 weeks.&amp;nbsp; &lt;/p&gt;
&lt;p&gt;Opinions on whether this is worker&amp;#39;s compensation or medical malpractice? Maybe both?&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Can I sue an employer for Harassment/Disc in Georgia?</title><link>http://prairielaw.com/forums/thread/495559.aspx</link><pubDate>Sun, 01 Aug 2010 12:44:45 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:495559</guid><dc:creator>ve5555</dc:creator><slash:comments>6</slash:comments><comments>http://prairielaw.com/forums/thread/495559.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=495559</wfw:commentRss><description>&lt;p&gt;I am being harassed / discriminated by my immediate boss. I am a female and a minority and I earn a very good salary probably more than my boss. I feel he just wants to push me out of the job but since he cannot just fire me, he is singling me out for harassment. If I want to file a harassment / discrimination lawsuit, what evidence should I collect and also what is the procedure? Can I do it while I am on the job? I want to retain the job for the next few months by which time I will get a huge options package vested.&lt;/p&gt;
&lt;p&gt;Things that he does are:&lt;/p&gt;
&lt;p&gt;1. If I am delayed at coming to office even a few minutes late he yells at me but the others in my team come and go as they please&lt;/p&gt;
&lt;p&gt;2. If I work from home, which he rarely allows he has issues with it while others regularly work from home. For example if I am sick and work from home, he still wants me to take sick leave despite my putting more than 8 hours.&lt;/p&gt;
&lt;p&gt;3. He gives me a lot of work with strict deadlines that I am overwhelmed with it.&lt;/p&gt;
&lt;p&gt;4. He consistently wants me to put more than 50 to 60 hours a week. &lt;/p&gt;
&lt;p&gt;5. He does not recognize any of my work even though I am instrumental in the success of the project--without me the project would have failed&lt;/p&gt;
&lt;p&gt;6. Basically, I can sense his jealousy and anger trying to push me out of the job as I am a female, minority , in a senior level post and being highly paid in a large company.&lt;/p&gt;
&lt;p&gt;Please let me know what options I have and how to deal with this legally.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>CAN I QUIT FOR MEDICAL????</title><link>http://prairielaw.com/forums/thread/494950.aspx</link><pubDate>Thu, 29 Jul 2010 20:10:52 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:494950</guid><dc:creator>becko</dc:creator><slash:comments>8</slash:comments><comments>http://prairielaw.com/forums/thread/494950.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=494950</wfw:commentRss><description>&lt;p&gt;I have had whiplash for about a year now... After I was first injured and wanted to take FMLA, they tried firing me. They were unable to do so and now for about a year I have been dealing with their harassment. They do not abide by my doctors notes and according to my doctor, they are making my injury worse. Because of my restrictions I have been told that if I can&amp;#39;t do the work then they can&amp;#39;t provide me with the hours. Which is within their legal rights because I live in Illinois and they are a free will state. The only option I see so far is collecting unemployment while I work at getting a different job. Is it true that if my doc writes a note stating that I am unable to preform the work that I will be eligible for unemployment? Also, is there anyway that they would be liable under state laws for further damaging my injury? &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Can Workers Comp do that???</title><link>http://prairielaw.com/forums/thread/495121.aspx</link><pubDate>Fri, 30 Jul 2010 06:57:10 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:495121</guid><dc:creator>cankp81</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/495121.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=495121</wfw:commentRss><description>&lt;p&gt;Hi there,&lt;/p&gt;
&lt;p&gt;&amp;nbsp;I am actually writing for my father who has been involved with a ridiculously long Workers Comp case. He was injured on the job in April 2008 (massive disc damage in his back- severe pain). He immediately notified his employer about his injury so he was sent home. When he returned 2 days later, his employer laid him off. (Obviously a different issue he needs to deal with!) &lt;/p&gt;
&lt;p&gt;&amp;nbsp;At first he was receiving benefits and a few months later they just stopped paying him saying that they &amp;quot;paid him all they thought&amp;nbsp;the injury was worth&amp;quot; (which is ridiculous and he is trying to fight that). (Mind you, he has not had his back fixed yet). His attorney said he was going to find out why this all happened and would get court date to figure it out. After months and months, they went to court and the judge ordered Workers Comp to pay for his surgery. They gave him a deal to take a large lump settlement and not pay for the surgery, or&amp;nbsp;to take a partial settlement and have the surgery paid for. He chose to have the partial settlement and&amp;nbsp;surgery paid for. (he is in severe pain and just wants a normal life again) This is yet to happen over a year later... Even though he has seen Workers Comp doctors, his personal doctor, and&amp;nbsp;everyone says it WAS a work-related injury, it feels as though Workers Comp, these arrogant, heartless doctors&amp;nbsp;as well as my dad&amp;#39;s worthless attorney is dragging this out forever!! No one is on his side and it is so unbelievably unfair.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;Workers Comp then said they refuse to pay for the surgery unless&amp;nbsp;he would see&amp;nbsp;yet another doctor and whatever he says goes. So my dad saw him, and the doctor was supposed to submit a report to the judge. The next court date came in October 2009 and the Workers Comp attorney &amp;quot;called in sick&amp;quot; so they rescheduled for FEBRUARY of 2010! In Feb, the judge said the doctor never submitted his report!! All this time after months and months!!! ARGGHH!!&lt;/p&gt;
&lt;p&gt;At this point my dad has gone almost 2 years and not been paid anything.&amp;nbsp;All this financial hardship&amp;nbsp;has destroyed his credit, and without family, he would literally be HOMELESS. My dad&amp;#39;s attorney (who could not care less about my dad&amp;#39;s situation)&amp;nbsp;gives him very vague information, and takes weeks to return calls.&amp;nbsp;The lawyer&amp;nbsp;says my dad can&amp;#39;t be inside the courtroom (fine)&amp;nbsp;so he has tries to take the lawyer&amp;#39;s word when he is given information about what is happening. This whole thing&amp;nbsp;has been&amp;nbsp;so dragged out and the attorney literally makes the absolute minimum effort with this case. We have tried to get another attorney, but no one will take my dad&amp;#39;s case (I&amp;#39;m sure because they feel the money isn&amp;#39;t worth it at this point) &lt;/p&gt;
&lt;p&gt;&amp;nbsp;It seems like there is no end in sight! Finally, he speaks with a doctor that is supposed to do his surgery and they say that they just need to file some papers and will call him back in week and&amp;nbsp;get the surgery scheduled. A MONTH later, my dad finally gets a hold of someone at the doctor&amp;#39;s office and the lady said she forgot to file the paperwork and so it should be soon.....another MONTH later (now we are up to current date), my dad receives a letter saying that some doctor in Anaheim (a doctor that my dad has never heard of, and has never examined him) says he is DENYING my dad&amp;#39;s surgery!!! ARE YOU KIDDING ME??? What happened to the judgment?? They never appealed the judges original ruling, so how can they do this??&lt;/p&gt;
&lt;p&gt;&amp;nbsp;This has gotten SO completely absurd and out of hand for what should have been a clear cut case!!! Why is this happening?? This can&amp;#39;t be legal for all the BS he has been dealing with! All of these people are ruining my dad&amp;#39;s life and it just breaks my heart. We feel as though&amp;nbsp;the attorney&amp;nbsp;is dragging it out knowing that all the back-pay my dad WILL eventually get, will be more money for him (since he will get 15% of the settlement). We don&amp;#39;t know what else to think. &lt;/p&gt;
&lt;p&gt;&amp;nbsp;And if Workers Comp has to pay anyway, why can&amp;#39;t they just PAY and stop ruining my dad&amp;#39;s life?? This whole thing has made me lose complete faith in&amp;nbsp;our system. My dad truly is an innocent victim and the ones that are supposed to be protecting him, and the ones hurting him. I have so many questions and I can&amp;#39;t get anyone with a heart to answer them... Can anyone shed any light on this endless nightmare??&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Workers comp "weekly wage"</title><link>http://prairielaw.com/forums/thread/494860.aspx</link><pubDate>Thu, 29 Jul 2010 15:30:41 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:494860</guid><dc:creator>scout2a77</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/494860.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=494860</wfw:commentRss><description>&lt;p&gt;In Minnesota the WC law states that the compensation for TTD is to be 66-2/3 percent of the weekly wage at the time of injury.&amp;nbsp; MN Statute 176.101 Subd. 1&lt;/p&gt;
&lt;p&gt;The claims adjuster is averaging my pay over the last 26 weeks, which goes into last year before a pay raise, and lowering my benefits. They quoted a subdivision in the law which states weekly wage is arrived at by multiplying the daily wage by the number of days and fractional days normally worked in the business of the employer for the employment involved. The second sentence says: &amp;quot; If the employee normally works less than five days per week or works an irregular number of days per week, the number of days normally worked shall be computed by dividing the total number of days in which the employee actually performed any of the duties of employment in the last 26 weeks by the number of weeks in which the employee actually performed such duties, provided that the weekly wage for part time employment during a period of seasonal or temporary layoff shall be computed on the number of daysand fractional days normally worked in the business of the employer for the employment involved. MN Statute 176.011&amp;nbsp; Subd.18&amp;nbsp; Weekly Wage (whew!!)&lt;/p&gt;
&lt;p&gt;It amounts to only a few dollars a week in my case but it seems like this part of the statute applies&amp;nbsp;only to&amp;nbsp;employees who work less than five days per week or irregular days. My work week has always been five days per week. Even if it is only a few dollars a week it could add up to a lot if my TTD goes on for a long time.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>5 bad disks &amp; still working</title><link>http://prairielaw.com/forums/thread/494476.aspx</link><pubDate>Wed, 28 Jul 2010 05:04:52 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:494476</guid><dc:creator>2baddisc</dc:creator><slash:comments>7</slash:comments><comments>http://prairielaw.com/forums/thread/494476.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=494476</wfw:commentRss><description>&lt;p&gt;I had 2 bulging disks back in the 90&amp;#39;s and they were work related. I filed a comp claim and eventually we &amp;quot;settled&amp;quot; and closed the claim. The company I worked for terminated my employment because I filed the claim against them. I now work for a differant company.&lt;/p&gt;
&lt;p&gt;The job I&amp;#39;m working at now requires me to do a lot of strenuous activity. The boss knows that I had prior back problems that aggravated from time to time. However, the back problem seemed to get worse than ever. So much so that I was having lots of pain into my legs and pins &amp;amp; needles feelings, etc. After an MRI, they discovered that I now have 5 bad disks, 3 of which are herniated.&lt;/p&gt;
&lt;p&gt;I&amp;#39;ve been at this job, in Ohio,&amp;nbsp;for 3 years. It requires me to do heavy lifting at times. I&amp;#39;ve moved refrigerators up a fight of steps by myself, helped moved AC units into small closets that weighed about150# or more, crawl under sinks to do repairs, basically a laborers type job. (I&amp;#39;m 52 yrs old) Previous jobs that had me sitting at a desk were just as bad. Minor activities would cause me pain.&lt;/p&gt;
&lt;p&gt;The back issues have been getting to be too much. I find it more &amp;amp; more difficult to perform my regular duties without having to take breaks because of the pain and/or numbness. I have had 3 sessions of epidural injections [which gives me about 2-3 months of relief], also had traction, yet still having problems. The doctor told me that he will not refer me to a surgeon because he says I&amp;#39;ll have to repeat the surgery in about 2 yrs and still be in pain. These injections are not cheap. They average $1000 each session [ I have to get another series of injections in 4 wks]. Traction is about $1500 for 6 visits. My deductibles and co-pays [company paid insurance]&amp;nbsp;are not very much, but I just make ends meet from payday to payday so the $500 to $1000 out of pocket expenses are budget busters. I am still paying on last years co-pays &amp;amp; deductibles.&lt;/p&gt;
&lt;p&gt;I think my current&amp;nbsp;job has caused the 3 herniations. I dont have any&amp;nbsp;extracurricular activities that could cause back issues. However, my doc has listed my condition has &amp;quot;spondylosis lumbar with myelopathy&amp;quot; and calls it &amp;quot;degenerative disk disease&amp;quot;. I cant point out the exact days that caused my issues, but I know what I was doing when my back started hurting the most. One time was moving an AC unit. Another was shoveling snow, another was slipping on the ice while walking across the street going to a job project, another was moving a refrigerator, another was climbing a ladder to work on a roof, etc.&lt;/p&gt;
&lt;p&gt;I&amp;#39;m tired of the pain. I&amp;#39;ve been dealing with the extreme pain since last year. But now I&amp;#39;m ready to throw in the towel. What can I do? Should I file a workers compensation claim so that the medical is covered?&amp;nbsp;Since I&amp;#39;ve filed a back claim in the past&amp;nbsp;[even though it is closed] can they deny the claim and say it is a preexisting claim that has been settled? Or&amp;nbsp;that this is a progression of the older injury? I dont want to appear that I am trying to file a fraudulent claim by&amp;nbsp;filing another back claim. But i am so tired of the pain &amp;amp; numbness.&amp;nbsp;Lately I&amp;#39;ve been afraid that my boss is going to tell me that I&amp;#39;m&amp;nbsp;fired since I am now moving slower and hobbling around after working on any projects. At my age, job offers are not too plentiful and this economy doesnt help. Now throw in a back injury, I&amp;#39;m not very marketable. What should I do?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>PLEASE HELP: Delaware Employer Terminated Wronfgully</title><link>http://prairielaw.com/forums/thread/493980.aspx</link><pubDate>Mon, 26 Jul 2010 15:27:20 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:493980</guid><dc:creator>YoungMoney06</dc:creator><slash:comments>27</slash:comments><comments>http://prairielaw.com/forums/thread/493980.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=493980</wfw:commentRss><description>&lt;p&gt;On June 22, 2010 I left work early to have my wrist examined by my 
family physician after experiencing pain in it the Sunday evening prior 
(June 20, 2010)
&lt;/p&gt;
&lt;p&gt;The doctor took me out until the following Tuesday (June 29, 2010) 
and cleared me to return to work on June 30, 2010 with 
restrictions/light duty. When I returned to work the employer refused to
 acknowledge the light duty and refused to let me back. Once I notified 
my family physician that same day (June 30, 2010), he referred me to a workman&amp;#39;s compensation doctor.
&lt;/p&gt;
&lt;p&gt;I visited the workman&amp;#39;s compensation doctor July 1, 2010 who 
evaluated and cleared me to return to work on July 2, 2010 with light 
duty. The doctor brought it to my attention that the employer MUST 
acknowledge the light duty restriction as its the law.
&lt;/p&gt;
&lt;p&gt;When I tried to return to work, the employer denied letting me 
back to work until they heard from the workman&amp;#39;s compensation insurance 
company. The employer also made it known that they do NOT acknowledge 
light-duty restrictions as to their policy.Keep in mind, this whole &amp;quot;stalling&amp;quot; tactic was racking me up &amp;quot;occurrences&amp;quot; which basically means, getting too many would cost me my job.&lt;/p&gt;
&lt;p&gt;A week went by with no response from the insurance company. I called the workmans comp insurance company, called the employer, all numerous times!&lt;/p&gt;
&lt;p&gt;I 
received a letter dated July 09, 2010 stating my workman&amp;#39;s compensation 
had been denied. All the while, I was accruing &amp;quot;occurrences.&amp;quot; Come to 
find out, the day I was scheduled to go to my workman&amp;#39;s compensation 
doctor for a follow up and to be cleared for full-duty, the 
employer TERMINATED me because of, you guessed it, TOO MANY OCCURRENCES.
&lt;/p&gt;
&lt;p&gt;My concern is to were they ALLOWED, policy or not, to deny me the
 right to return with light duty? And is this a case I should pursue 
speaking with an attorney about? I have copies of my files from both 
doctors who rule it workman&amp;#39;s compensation. I received no workman&amp;#39;s compensation, I had short-term disability which never paid me (although it was supposed to should an accident happened off the job.) When they terminated me, my short-term disability went with it.&lt;/p&gt;
&lt;p&gt;Side note: I received a couple letters from the health insurance company now saying they fired me at a period when I was in the middle of having my workman&amp;#39;s comp case reviewed. Now I have medical bills which I feel is unfair and they apparently hired a few people in my place before my workman&amp;#39;s comp. investigation was completed, making me feel like they were setting up to fire me.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>WC nightmare</title><link>http://prairielaw.com/forums/thread/494009.aspx</link><pubDate>Mon, 26 Jul 2010 17:18:46 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:494009</guid><dc:creator>phantasm78</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/494009.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=494009</wfw:commentRss><description>&lt;p&gt;This is just the basic outline so who ever reads this can get an idea&amp;nbsp;&amp;nbsp; ( im in the state of New hampshire )&lt;/p&gt;
&lt;p&gt;I sustained a neck injury while on the job in&amp;nbsp; sept 2009 and it&amp;#39;s been&amp;nbsp; total hell .My employer sent me to there doc he said i had a shoulder injury at first and then he sent me to an ortho doc which treated me for my shoulder and when i still had issues/pain the ortho doc orderd an MRI&amp;nbsp;&amp;nbsp; when he got to see the MRI back he apologized to me and said you got 2 herniated disc&amp;#39;s in your neck ,DDD,Scoliosis.Then i got sent to a neuro surgeon who offically diagnosed me and said surgery would not be in my best intrest. From the time i got injured&amp;nbsp; in sept09 till may2010 i worked light duty .Now these are my question&amp;#39;s i have about the thing&amp;#39;s happend in between and if they are legal?&lt;/p&gt;
&lt;p&gt;1. My treating doctor&amp;#39;s would modify my hour&amp;#39;s to part time or no work at all but my employer would run to there insurance and get the first doctor that seen me to put me on full time work with out my knowledge untill the last minute can they do that?&lt;/p&gt;
&lt;p&gt;2. My neurosurgeon orderd a ergonomic eval and it was never done seeing i&amp;#39;m 6&amp;#39;8 and they knew i had issues falling asleep at work, being in pain all day ,physical issuses as well and they didnt even make an attempt to make the appointment what can i do about that?&lt;/p&gt;
&lt;p&gt;3.I have no benefit&amp;#39;s but medical my&amp;nbsp; TPD was taken away from me&amp;nbsp; in febuary&amp;nbsp; because i got fired from my alternative light duty job? &lt;/p&gt;
&lt;p&gt;In closing&amp;nbsp; i want what i deserve and not be puhed around by the employer and i feel they are responsable&amp;nbsp; period i didn&amp;#39;t ask to get hurt&amp;nbsp; but yet im the one getting punished .&amp;nbsp;&amp;nbsp;&amp;nbsp; &lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>workers comp and overseas question</title><link>http://prairielaw.com/forums/thread/493267.aspx</link><pubDate>Fri, 23 Jul 2010 14:00:38 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:493267</guid><dc:creator>Enya2009</dc:creator><slash:comments>9</slash:comments><comments>http://prairielaw.com/forums/thread/493267.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=493267</wfw:commentRss><description>&lt;p&gt;Does anyone know about the rules and regulations when it comes to workers comp when someone who is under workers comp moved overseas (because that person lost everything due to the illness/is disabled and has to live with family overseas) and if there is any possibility to still receive medical treatment overseas. Or is it possible that wc &amp;ndash; the insurance can deny any further treatment options?&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;p&gt;Certainly appreciate suggestions and thoughts on this.&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Workers compensation case</title><link>http://prairielaw.com/forums/thread/493627.aspx</link><pubDate>Sat, 24 Jul 2010 18:36:49 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:493627</guid><dc:creator>meilp</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/493627.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=493627</wfw:commentRss><description>&lt;p&gt;Hello I got hurt on the job and I had a knee operation I recevied a letter&amp;nbsp; saying that my knee is 12 1/2 percent permanent disability .The insurance company agreed to paid for 5% to the leg how do they come up with the money that they figure on paying you &lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Help me, please</title><link>http://prairielaw.com/forums/thread/478872.aspx</link><pubDate>Tue, 25 May 2010 04:51:29 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:478872</guid><dc:creator>TSEPM</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/478872.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=478872</wfw:commentRss><description>&lt;p&gt;&amp;nbsp;&lt;/p&gt;
&lt;pre&gt;hi, My name is Michelle. I am in Orlando now.I am not the local citizen of the US, but holding the Q1 Visa to work in the US. Actually, I&amp;#39;ve joined the 1-year international program of the Walt Disney World Resort. I&amp;#39;ve been here for over than 7 months. However, I was suffering the extremely unfair management treatment in my working place. I am so depressed now. But I think that it&amp;#39;s time for me to complain it legally. For sure, I just want to know what can I do?? Thanks for your time!&lt;/pre&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Whole Company Salary Reductions</title><link>http://prairielaw.com/forums/thread/492807.aspx</link><pubDate>Wed, 21 Jul 2010 18:39:42 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:492807</guid><dc:creator>Todd_G</dc:creator><slash:comments>6</slash:comments><comments>http://prairielaw.com/forums/thread/492807.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=492807</wfw:commentRss><description>&lt;p&gt;








 
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&lt;p&gt;A letter was written explaining that the entire company is
now subject to salary reductions of 6% for exempt and furlough days for hourly employees.
Just recently it was discovered that the sales department who is paid a draw
against commission whether they sale or not, therefore the draw can be a negative
amount, was not impacted by the &amp;quot;Whole Company&amp;quot; salary reduction. &lt;/p&gt;
&lt;p&gt;Is this
a form of discrimination?&lt;/p&gt;
&lt;/p&gt;
&lt;p&gt;&amp;nbsp;&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>KY Worker's Comp Law????</title><link>http://prairielaw.com/forums/thread/492527.aspx</link><pubDate>Tue, 20 Jul 2010 20:06:16 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:492527</guid><dc:creator>peaches_42718</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/492527.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=492527</wfw:commentRss><description>&lt;p&gt;I have been going thru the process and it&amp;#39;s so confusing even w/ representation,&amp;nbsp; but the mail question I need to know the answer to is: By law can the insurance cut off medical and prescription coverage after the IME stated that I am 14% impared in my shoulder and the injury is work related&amp;nbsp;and need no further medical attention.&amp;nbsp; Take into consideration that I am still under the care of my surgeon (post op 2/26/10)....????&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>How to determine what's fair in settlement</title><link>http://prairielaw.com/forums/thread/491401.aspx</link><pubDate>Fri, 16 Jul 2010 01:17:45 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:491401</guid><dc:creator>ClemsonKnight</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/491401.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=491401</wfw:commentRss><description>&lt;p&gt;I broke my arm last year at work, which required surgery to repair.&amp;nbsp; Everything seems to have healed and I am back at work. &lt;/p&gt;
&lt;p&gt;My doctor has released me and I have an informal conference scheduled the later part of August with my state&amp;#39;s worker comp commission to &amp;quot;determine if addtional benefits are due&amp;quot; .&lt;/p&gt;
&lt;p&gt;I tend to think that they may want to close the case and base a settlement on the doctor&amp;#39;s opinion that I get 8% partial permanent impairment of the upper extremity, and maybe from questions posed to me from a mediator.&lt;/p&gt;
&lt;p&gt;How might I determine a &amp;quot;fair settlement&amp;quot; in a dollar amount or even some sort of range?&lt;/p&gt;
&lt;p&gt;Thanks&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Injured Workers Spouse rights???</title><link>http://prairielaw.com/forums/thread/482514.aspx</link><pubDate>Wed, 09 Jun 2010 19:25:56 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:482514</guid><dc:creator>leomias</dc:creator><slash:comments>7</slash:comments><comments>http://prairielaw.com/forums/thread/482514.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=482514</wfw:commentRss><description>&lt;p&gt;Husband had back injury at work more then 2 years ago. he has had surgery and several nerve blocks without success.......Sex is out and he is so snappy (depressed) what can I do?????????????&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>need help</title><link>http://prairielaw.com/forums/thread/491520.aspx</link><pubDate>Fri, 16 Jul 2010 16:55:18 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:491520</guid><dc:creator>mnielson</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/491520.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=491520</wfw:commentRss><description>&lt;p&gt;I broke my back in 2000 and am unable to work.&amp;nbsp; I am getting social disability, should i also be getting disability from workers comp?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>employer showed up at er to sit through my exam </title><link>http://prairielaw.com/forums/thread/491441.aspx</link><pubDate>Fri, 16 Jul 2010 08:41:14 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:491441</guid><dc:creator>alaskagrown09</dc:creator><slash:comments>4</slash:comments><comments>http://prairielaw.com/forums/thread/491441.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=491441</wfw:commentRss><description>&lt;p&gt;i hit my head at work and was feeling naucious i was also feeling dizzy and when i moved my head it took a second for the world to catch up ( i believe this is called tracing) anyhow i wasnt offered help or suggested to go to the doctor using workmans comp. my supervisior witnessed my head injury and let it roll off his shoulder and move on with the day, im 19 years old and didnt think anything of bonking my head so i continued my 8 hour shift, after work i was feeling worse so i went ahead and went to the doctor using workmans comp and my employer showed up to the er and was in the room for my examinaation isnt that illegal! i didnt really know what to say but he seemed to downplay the severity of my head injury and it seemed as if he was trying to tell me i was over exaggerating in a nice manner, he sat through the examination to hear that i had a concussion and then went on his way. im 19 i dont know whats the deal but this doesnt seem right.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Being treated unfairly for filing a claim</title><link>http://prairielaw.com/forums/thread/489932.aspx</link><pubDate>Fri, 09 Jul 2010 18:34:30 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:489932</guid><dc:creator>Cntrygrl40</dc:creator><slash:comments>2</slash:comments><comments>http://prairielaw.com/forums/thread/489932.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=489932</wfw:commentRss><description>&lt;p&gt;Recently my friend fell at work and tore a tendon in his hand.&amp;nbsp; He was sent back to work on light duty and was instructed not to use his hand for anything.&amp;nbsp; He was told to report to office the next morning and when he got there they instructed him to sit in a metal chair next to a metal storage bin all day.&amp;nbsp;This job location is in Las Vegas, Nevada and the temperature was 109 degrees.&amp;nbsp; In the afternoon this location is in full sun and registered temps coming off a parking lot can exceed 150+ degrees.&amp;nbsp; When he went to move his chair into the shade the foreman told him to move it back to where it was.&amp;nbsp; What recourse does he have as this is very cruel punishment.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Work comp help, please!</title><link>http://prairielaw.com/forums/thread/489234.aspx</link><pubDate>Tue, 06 Jul 2010 19:34:48 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:489234</guid><dc:creator>Foot Issue</dc:creator><slash:comments>2</slash:comments><comments>http://prairielaw.com/forums/thread/489234.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=489234</wfw:commentRss><description>&lt;p&gt;&amp;nbsp;I hurt my foot at work, went to urgent care the next day, called out of work and stated my foot hurt badly from the day before, within a minute was told I had gout by the Dr.. There wasn&amp;#39;t anything that was terribly out of the ordinary that had happened that day, I wore different work shoes and I did trip going up some stairs but&amp;nbsp;I didn&amp;#39;t hurt right after it, so I didn&amp;#39;t even consider the possibilities of that.&amp;nbsp;Started living with gout, taking all of the natural methods to help&amp;nbsp;dissipate&amp;nbsp;the pain AFTER&amp;nbsp;taking the Prednisone and pain killers prescribed by the Dr. Almost a month later, on the last full time scheduled day I was to work before going to seasonal employment, I had a really bad foot day and could barely walk on the&amp;nbsp;ball of my originally hurting foot. The next day I went to my regular Dr. and she&amp;nbsp;actually did&amp;nbsp;medicine, she had X-Rays taken and blood work done. Immediately she said the X-Rays were clear but the blood work would take time. I called back a few days later and she said I definately didn&amp;#39;t have gout. Instantly I&amp;nbsp;called my HR person and told her my situation but she said I probably wouldn&amp;#39;t be approved for WC&amp;nbsp;because I didn&amp;#39;t claim it immediately as an injury. Since then I had an MRI and I have a fracture and a tear in my foot from the incident and what ever could have happened since the incident. I was in a boot for 6 weeks and I was denied a claim and have had no income for the past 2+ months. The specialist I am seeing now has me going back to full duty in a few days and I still have a foot issue bothering me when I walk or put any pressure on the joint of my big toe. Is getting a lawyer my only option or is it not even worth trying because it&amp;#39;ll never go to court? The bills haven&amp;#39;t started coming in yet but they will be... please any help would be great. I am in NC if that helps with any statutes or laws. Thanks..&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>workman comp</title><link>http://prairielaw.com/forums/thread/479746.aspx</link><pubDate>Fri, 28 May 2010 15:19:35 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:479746</guid><dc:creator>dj88fan</dc:creator><slash:comments>6</slash:comments><comments>http://prairielaw.com/forums/thread/479746.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=479746</wfw:commentRss><description>&lt;p&gt;Can any one please answer this. I got injured on job while living in Va. I am on workers comp and since then have retired and moved to NY. Im drawing Social Security Retirement checks and my lawyer stated that it is the state law of Va that I have to go out and look for work of 5 jobs aweek. Can anyone clairfy this for me because I don&amp;#39;t think it is fair I have to look for a job with being retired.&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item><item><title>Workers Compensation Deposition?</title><link>http://prairielaw.com/forums/thread/480608.aspx</link><pubDate>Wed, 02 Jun 2010 01:52:52 GMT</pubDate><guid isPermaLink="false">cbeb030d-bab6-4a2c-9831-ca1feaac8ba9:480608</guid><dc:creator>ONIF</dc:creator><slash:comments>1</slash:comments><comments>http://prairielaw.com/forums/thread/480608.aspx</comments><wfw:commentRss>http://prairielaw.com/forums/commentrss.aspx?SectionID=60&amp;PostID=480608</wfw:commentRss><description>&lt;p&gt;Can anyone tell me what happens after you have a depostion?&amp;nbsp; I had a deposition and was not represented by a attorney.&amp;nbsp; Of course, I don&amp;#39;t know whether this was a good idea or not.&amp;nbsp; I have had a work claim open since Aug 2007 and is near my Qualified Medical Evaluator making a decison on my disability rating next month.&amp;nbsp; I am not sure whether this depo is because I file an Adjudication of Claim with the CA appeals board or whether it is cause I am near the end or if they are snooping to find a reason to try to say my injury is cause by something else.&amp;nbsp; I am concern not because of my injury cause I know it was caused by work related but after having my depo she ask me about something that showed up on my husband insurance about an incident that happen 10 years prior to my current injury.&amp;nbsp; Of course, I did not recall that was the fender bender I had which I did she a doctor for a short period of time and then it was all over.&amp;nbsp; I don&amp;#39;t want it to look as if I am lying or hiding anything because that is definite not the case.&amp;nbsp;Thus far all has been going well with my case regarding getting medical care and feeling better.&amp;nbsp; Can anyone tell me if this will affect anything and if this is something I should be worry about and if I should be seeking an attorney or should I wait to see if I get another deposition then hire an attorney?&lt;/p&gt;&lt;div style="clear:both;"&gt;&lt;/div&gt;</description></item></channel></rss>