http://www.workerscompensationinsurance.com/forum/ Discussion of workers compensation for injured workers. en Sat, 21 Nov 2009 00:34:45 GMT vBulletin 60 http://www.workerscompensationinsurance.com/forum/images/misc/rss.jpg http://www.workerscompensationinsurance.com/forum/ http://www.workerscompensationinsurance.com/forum/showthread.php?t=39838&goto=newpost Fri, 20 Nov 2009 23:23:06 GMT After 14 months post injury and no resolve in sight I give up, 1 less than truthful attorney and insurance company fighting everything, 1 won court... After 14 months post injury and no resolve in sight I give up, 1 less than truthful attorney and insurance company fighting everything, 1 won court case, 3 psychologist, lost count on how many actual doctors I’ve been to, 50 plus physical therapy sessions, spinal injections, over 1500 miles travelled back and forth I’m throwing in the towel and told my attorney to make it end and get this case closed however he has to before I jump off a cliff.
I knew since the day of my deposition my attorney was only in it for the money, should have seen his jaw drop when I told him a 2nd time I had a prior back surgery, I was always in it to get fixed what work broke but some people are doing their hardest to keep that from happening, all I can say thank god I have other insurance that will fix what’s needed regardless of it being a work injury.

Stressed, hell yeah I am! But I am trying to keep my sanity and humor. :D ]]> Insurance Company Practices kev_b http://www.workerscompensationinsurance.com/forum/showthread.php?t=39838 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39837&goto=newpost Fri, 20 Nov 2009 22:59:01 GMT Injuried on job.Doctor screwed up.made WC give new Doctor will always have problems and now on disability.Where can I find a lawyer who will take... Injuried on job.Doctor screwed up.made WC give new Doctor will always have problems and now on disability.Where can I find a lawyer who will take interest? ]]> Legal Issues ANOTHER INJURIED WORKER http://www.workerscompensationinsurance.com/forum/showthread.php?t=39837 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39836&goto=newpost Fri, 20 Nov 2009 21:40:20 GMT the ime report said I could work so they cut off ttd payments. ssdi said iam disable and paying me what do i do. the ime report said I could work so they cut off ttd payments. ssdi said iam disable and paying me what do i do. ]]> Montana butch61 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39836 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39835&goto=newpost Fri, 20 Nov 2009 20:05:45 GMT I have litigated a few suitable employment issues over the years. Here are some comments from various legal authorities that may help you understand... I have litigated a few suitable employment issues over the years. Here are some comments from various legal authorities that may help you understand the concept of "suitable employment."

"Suitable employment" is defined by the NCIC Rehabilitation Rules. It means:
Employment in the local labor market or self-employment which is reasonably attainable and which offers an opportunity to restore the worker as soon as possible and as nearly as practicable to pre-injury wage, while giving due consideration to the worker's qualifications (age, education, work experience, physical and mental capacities), impairment, vocational interests, and aptitudes. No one factor shall be considered solely in determining suitable employment. Rules for Rehabilitation Providers, Rule III(G)

Case decisions have fleshed this out a bit. For example:

Our Supreme Court has held that an employee is not required to continue in a job that does not accurately reflect his post-injury earning capacity, as that job is not "suitable." Peoples v. Cone Mills Corp., 316 N.C. 426, 438, 342 S.E.2d 798, 806 (1986). Although Peoples is typically cited in a make-work situation, this fundamental principle still applies with lower wages.

The North Carolina Court of Appeals in an unemployment context held that "suitable employment" required wages of no less than 80% of the previous employment, based on a federal standard. Wilder v. ESCNC, ____ N.C. App. ____, 618 S.E.2d 863 (2005).

When a worker held a full-time job pre-injury, replacing it with a part-time job post-injury generally will not constitute suitable employment. Montgomery v. Toastmaster, Inc. ___N.C. App.___, 620 S.E.2d 685 (2005). Once the Plaintiff proves his disability, it is incumbent on the Defendants to show that he can obtain suitable employment. Id at 690.

In I.C. FILE NO. 058173, I won TTD benefits for a man who tried to go back to work at about 52% of his pre-injury earnings. The Deputy Commissioner held that the job was not suitable for that reason and others, such as lack of benefits and lack of advancement possibilities. You can look this case up on the NCIC website "searchable database".

Hope this info helps. BB ]]> North Carolina complwyr http://www.workerscompensationinsurance.com/forum/showthread.php?t=39835 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39834&goto=newpost Fri, 20 Nov 2009 18:15:07 GMT in July I had a shoulder surgery that resulted in me getting a mrsa infection.. I was paid wc benefits since july and last week I was told I was not... in July I had a shoulder surgery that resulted in me getting a mrsa infection.. I was paid wc benefits since july and last week I was told I was not going to be paid because I was out because of the mrsa infection and not the shoulder surgery.. IF it was not for the surgery I would of not have got the mrsa infection. Please can someone give me some answers cause I have ask everyone .. Can they not pay me for that reason?? ]]> New Jersey msteema http://www.workerscompensationinsurance.com/forum/showthread.php?t=39834 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39832&goto=newpost Fri, 20 Nov 2009 16:34:31 GMT :confused: I was injured on the job, very physically demanding job. Went to MD and was told it was my back this time (went 5 mths ago and had... :confused: I was injured on the job, very physically demanding job. Went to MD and was told it was my back this time (went 5 mths ago and had popliteal cyst), had told my employer that leg hurt and had to see Dr ASAP. Ive worked there several years and majority of MD visits were job related that I paid for out of pocket as employer does not offer health insurance. MD also informed me to tell employer to notify WC since it was work related, gave prescription for steroids and muscle relaxer. Returned to work for short time but having spasms in leg to the extent couldnt focus on work. Employer told me had I gone to chirporactor would be better in no time. After missing that half day and not returning to work after weekend, employer told said I needed to go to chiropracor once again.

Had looked up AR state laws and states employer determines what Dr to go to, so I informed him I would try and go next day. Spent money I didnt have once again to do this. WC approved initial claim and for MRI to be done. When I asked about reimbursement for Chiropractor (that employer had stated twice for me to see) WC told me I would not be reimbursed for this as my PCP (the one I initially chose) did not refer me.?? Why not when my employer was the one who told me not once but twice to got to one.

Have not recieved result of MRI yet but already in a bind from paying for prescriptions, 2 visits to MD and for Chiropractor and no work in 2 weeks.

Input would be appreciated! ]]> Arkansas antiaeos http://www.workerscompensationinsurance.com/forum/showthread.php?t=39832 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39831&goto=newpost Fri, 20 Nov 2009 15:19:03 GMT Well I posted a while back about my case and problems with workers compensation and IC. I've returned with good news for myself, I was forced to file my own appeal for a Board Review because my lawyer quit on me. I did and I tore apart the testimony and video evidence in simple layman terms. I sent off my appeal to the board and they have finally returned a decision, All charges 114a, mandatory, and administrative penalties have been recinded.

My question is this, Does the IC have to send me a check now or do i have to wait to return to the court and have another hearing?

Thanks and good luck to everyone caught in this "for the people" system. ]]> New York JeffreyHellem http://www.workerscompensationinsurance.com/forum/showthread.php?t=39831 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39830&goto=newpost Fri, 20 Nov 2009 05:21:58 GMT DAMN WORKMAN'S COMP IN TEXAS!!!!! I FOUGHT FOR THIS LAND NOT ONCE BUT TWICE I WAS SENT TO THAT HELL HOLE IN THE MIDDLE EAST AS AN INFANTRY MAN IN THE MARINES!!! I GET HURT AND HAVE MY SHOULDER MESSED UP, AND THE ADJUSTER REFUSES TO GET ME MY SURGERY AFTER 3 DR.'S TELL THEM I NEED IT!!! ALL THEY WANT TO DO IS GIVE ME A SETTLEMENT AND NOT DO MY SURGERY!! I HAVE HAD IT UP TO HEAR WITH TAKING OXYCONTIN EVERY DAY!! I have severe nerve damage in my shoulder and arm on my right hand. If I settle, what would be a good settlement amount, I am totally clue less to this crap and I don't know. I have no feeling in my right hand and cant pick up anything with my arm or use it. The workman's comp. dr says it will get better and the adjuster is going by what he is saying and not what my dr. wants to do.. Anyone know a good number, because I need money and this what they are giving me every week is not enough to pay my bills. Any help would be appreciated!!! ]]> Insurance Company Practices usmc23 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39830 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39829&goto=newpost Fri, 20 Nov 2009 05:21:24 GMT Can social security cut out my disability checks because of my workers comp settlement? Can social security cut out my disability checks because of my workers comp settlement? ]]> Disability Benefits ANOTHER INJURIED WORKER http://www.workerscompensationinsurance.com/forum/showthread.php?t=39829 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39828&goto=newpost Fri, 20 Nov 2009 02:14:45 GMT My workers compensation claim was made in the State of: Montana On 9/27/07 I was hurt at work while performing a routine 2 man lift of an object. ... My workers compensation claim was made in the State of: Montana

On 9/27/07 I was hurt at work while performing a routine 2 man lift of an object. It ended up being three bulging and herniated discs in my neck and impingement in my left shoulder. After seeing 8 doctors, and 3 PTs, getting MRIs, and cervical epidurals which did nothing I was told I would eventually need a fusion and/or disc replacement - but that I am not old enough now (28) to have it done, so I must suffer. The last treating physician would not release me to my TOI job without substantial restrictions. The company terminated me. Anyway, I had an FCE done which found I could lift 45 pounds on an occasional basis. The company agreed to hire me back, but only if I could get a release to lift 50 pounds. The doctor would not go for it. I lost a $20 an hour job over 5 pounds. I have been working for another company doing a similar job since then, but the pay isn't good and there's no benefits. So my TOI company is hiring again. I was told when they terminated me that I had a 2 year window for hiring preference. There is no mention of having to lift 50 pounds in the job posting. When I worked there, it was also not a requirement. It seems it is only a requirement for me since I cannot get released for it. If I reapply and they tell me I have to have a full release or be released to lift 50 pounds, can I claim a reasonable accomodation be made for me? It would not be an undue hardship for them to accomodate me. There is actually a written policy at the company that no one is allowed to lift more than 40 pounds by themselves anyway. If they say they won't accomodate me is it discrimination? I have an 11% impairment rating. Do I even have to give them a release since I am no longer employed by them? If I apply after the 2 year hiring pref in june of 2010, can they still require the release or do they have to treat me like everyone else? What action would I take if they won't hire me back? There is no way I can get a full or 50 pound release, but I know I can do the job as long as I don't have to lift more than 45 pounds occasionally. Please help! Any info is great. I already checked my fed/state's reasonable accomodation law and it really doesn't help me understand my situation. Also, I've talked to tons of attorneys and none will help me because my case won't bring them any money. Thanks again. ]]> Employment copper http://www.workerscompensationinsurance.com/forum/showthread.php?t=39828 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39827&goto=newpost Fri, 20 Nov 2009 01:54:57 GMT quick question. if you get a settlement and close medial, do you have to allow for a medicare set-a-side or is that something that isnt... quick question.

if you get a settlement and close medial, do you have to allow for a medicare set-a-side or is that something that isnt necessary and especially if your not getting ssdi. i have returned back to work, and i had applied for ssdi and was denied, i am appealing for the time i was off work which was over a year, so we have appealed as per my attorney's advice, but i know that i will be back to work full time soon, and will not be able to get ssdi. so will that leave out medicare because now i have no kind of insurance at all and i am about 25 years still away from retiring.

just wondering ]]> Disability Benefits candyman03011 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39827 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39826&goto=newpost Fri, 20 Nov 2009 01:38:46 GMT i am scheduled for a second opinion in dec for carpal tunnel surgery that i continue to have severe pain from. i was just assigned a ncm and she... i am scheduled for a second opinion in dec for carpal tunnel surgery that i continue to have severe pain from. i was just assigned a ncm and she wants to meet me at the appt but first she would like to come to my home and meet me. do i have to allow this? ]]> Pennsylvania frustratedinpa http://www.workerscompensationinsurance.com/forum/showthread.php?t=39826 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39825&goto=newpost Fri, 20 Nov 2009 01:13:12 GMT Hello, How does this work. I have had surgery under an award for FMC claim 9 years old. Of course I will be released by the ptp and wonder if I... Hello,

How does this work. I have had surgery under an award for FMC claim 9 years old. Of course I will be released by the ptp and wonder if I will have new restrictions or do the old restrictions stay in effect.

I do not plan on attending the final exam for p and s or any med legal evaluations.Personally I want no restrictions and I accept none.Since there is no new and further I am wondering what happens in this situation. ]]> California Interceptor http://www.workerscompensationinsurance.com/forum/showthread.php?t=39825 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39824&goto=newpost Thu, 19 Nov 2009 23:53:49 GMT ok i hace an l4l5 disk buldge and leg pain on left side all the usual symptoms, had therpy and 4x esi and 29 chiropractor appts and the dr says since... ok i hace an l4l5 disk buldge and leg pain on left side all the usual symptoms, had therpy and 4x esi and 29 chiropractor appts and the dr says since im only 28 surgury is not an option so what else is. im open to and thing you can think of i just really want the pain to stop and get back to normal. by this time at night im in pain and attached to a heating pad.
PLEASE HELP ]]> Medical Issues beverageworker http://www.workerscompensationinsurance.com/forum/showthread.php?t=39824 http://www.workerscompensationinsurance.com/forum/showthread.php?t=39823&goto=newpost Thu, 19 Nov 2009 22:34:06 GMT how do I go about canceling an AME appointment due to illness. Will I be punitively punished? Or can I reschedule for the next week? Any help... how do I go about canceling an AME appointment due to illness. Will I be punitively punished? Or can I reschedule for the next week?
Any help please? ]]> California MVishniako http://www.workerscompensationinsurance.com/forum/showthread.php?t=39823