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  1. #1
    undercovrangel Guest

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    Well...I got the answer I didn't want on my vocational rehab appeal. DENIED !!! Guess I should have known. The reason was because I self terminated. DUH!! What was I supposed to do when my employer wouldn't honor my restrictions.

    I can no longer continue to fight the system. I have no choice at this time in my life but to take whatever lowly employment I can find. Things in my life have certainly taken a turn that I never expected.

    My father is back in the hospital for the 2nd time in a month. He's been diagnosed with lymph and bone cancer and now they believe that he also has lung cancer. My mom doesn't really expect him to last much longer.

    My sister and her husband that came to stay with me the end of September to help me survive, pulled out Thursday morning owing me over $900. My utilities are being shut off the 22nd as I now have no way to pay them. Which means that an eviction will follow within 24 hours as the utility company notifies the manager of the complex as soon as they shut them off and it is illegal to remain on the premises without power. I've contacted every agency that I can think of and all of them give me the same song and dance....becuase of the time of the month and the season....they have no more funds.

    And the boyfriend that was trying to help me has decided that he doesn't want to be tied down at this point in his life, has notified me that when the lease is up....or we are evicted...which ever happens first...he will be leaving me. Merry frigging Christmas and a screwed up New year to me....

    If anything changes I will let you all know. If you don't hear anything for a while....don't worry. I will persevere and push forward.

    Despite all of my problems...I wish you all a very Merry Christmas and A bright and Happy New year filled with love, happiness and better things than the past has held for wach and everyone of you.

    Angel

  2. #2
    dennison Guest

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    Well Angel,
    Gotta hang in there,
    best advice I can give the Boyfriend obviously no good , so at least you don't have to pick up his dirty socks anymore LOL
    Hey call the Salvation Army they help ASAP with stuff like this, waste no time.

  3. #3
    pt Guest

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    Angel,

    Mom and I were close - Always admired her courage and her strength.

    Never felt closer to her than when my Dad was in the end stages of his life. She was truly, remarkable. They were very much in love; devoted to one another and children.

    Might your Mom need an Angel about now ?

    Fate is kinda strange...sometimes.

  4. #4
    moderator Guest

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    Just my opinion only. When an empolyer doesn't honor your restrictions.
    1-KEEP WORKING....DON'T QUIT.
    2-REFUSE TO DO THE WORK IN QUESTION AND ASK TO BE REASIGNED ANOTHER JOB IN YOUR RESTRICTIONS.
    3-BE PERSISTANT BUT RESPECTFULL..INSIST YOU WANT TO WORK WITHIN YOUR RESTICTIONS.
    4-MAKE THEM TERMINATE..UNABLE TO MEET RESTRICTIONS..HAVE THEM INFORM INSURANCE IN YOUR PRESENCE..HAVE NUMBER AND CASEWORKER AVAILABLE.
    This is a game of will....yours against theirs
    keep this in mind.
    keep the faith
    tony

  5. #5
    sandson Guest

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    Moderator:

    Your advice is right on. I was in a simiular situation and I had to stick to my guns in order to get some results. It was hard to swallow my pride and go with the flow but it payed off in the end.

  6. #6
    sacredwolf Guest

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    Angel,

    I read your post and was watching music-videos this morning, trying to think of what to say to you.

    Happened to watch "The World I Know" by Collective Soul. Interesting commentary on perspective and how our perspective on life is influenced by situation and environment:

    http://search.launch.yahoo.com/search/lsearch/video?p=collective+soul

    In essence- when life hands you lemons, make lemonade.

    Your description of the "boyfriend" expresses that you have not lost anything there, but have been given an opportunity for a new beginning. It's been my experience that anyone who claims to love you, but who then bails in times of "worse," is not worthy of being a part of my life during times of "better." Been there, done that- got the t-shirt.

    You should have the right to appeal the "rehab" decision, but as you know, only a limited amount of time to do so or you are stuck with the decision. I hope that you will file the appeal within the deadline. I understand that you may not have the energy right now to devote to making the appeal perfect, but you should be able to amend the appeal later when you do have the energy. The important thing now is not to miss the filing deadline. Recall that some folks have had to litigate for eight (8) or more years before finally receiving justice.

    I'm in a similar situation with having to file an "appeal" right now. I have not posted a lot lately, so will provide an update.

    My rent will be four (4) months past-due on Jan 1. Temps are below freezing here now most days. I'm hoping that the County Veterans Commission will help me with the utilities. My land-devil was given a W9 tax form to fill out three (3) weeks ago by the VA, which they need before they will help me with some of the past-due rent, but the land-devil is stalling on completing the W9. Probably has to do with the land-devils operating as a shell corporation within a trust and tax evasion, which completion of the W9 would prove. I've got the land-devils tied up in so much litigation and potential litigation that I don't think they will try to actually evict me, but I cannot be certain of that. The land-devils served me with a "notice" last week, falsely alleging that my yard was full of dog poop and that it created a health hazard.

    I immediately took photos of my yard and called City Code Enforcement to do an inspection. Code Enforcement did their inspection and assured me that on all of the occasions they have been here due to land-devil housing code violations, that they have never witnessed anything remotely resembling the land-devils false allegation of my yard being "full of dog feces" and if need be, they will testify to that fact. I rake that small section of my yard where Kachina potties and dispose of her waste every few days. While Code Enforcement was here, they cited the land-devils again for another housing code violation. Some land-devils never learn.

    I found a coffee table and 2-drawer stand in the alley behind my house that someone had thrown away. I believe they previously belonged to a crackhead, cuz they were damaged by chemicals. They were in pretty bad shape, but I knew that if I refinished them, they would be beautiful. It took a week or so to refinish them and they were completed yesterday. Now, they are beautiful again. It gave me something creative and productive to do.

    I'm scheduled for abdominal surgery on the 21st for a work injury sustained in May, 2004. This surgery was supposed to have happened last month, but I fired my first surgeon at the hospital on the scheduled surgery date, because he insisted on "putting me under" during the surgery and my research expressed that the surgery could be performed with a local. The paperwork he completed said that I could "elect the anaesthetic," but when it came down to it, he insisted on "putting me under." I have filed a formal complaint with the feds concerning wc healthcare provider and employer fraud (RICO). Accordingly, being unnecessarily "put under" was not a welcome thought. The new surgeon is going to do it with a "local" on Tuesday.

    My family has invited me to spend Christmas day with them, if I am able to make the trip four (4) days post-op. They did not invite me for Thanksgiving. The only catch is my 4-legged best friend Kachina, is specifically not invited and there is a possibility that I may be snowed in there for a day or two, which would leave Kachina at home by herself, perhaps for several days,...alone and emotionally traumatized. Under those circumstances, I think I'll have to pass and Kachina and I will spend Christmas together, just as we did at Thanksgiving. Kachina was my partner when we worked together in LE and my loyalty is to her- where if not for her, I would not be writing you or anyone else at this time.

    Now, for the "appeal" I mentioned. I finally got an Order last week from the Industrial Commission Staff Hearing Officer (SHO) denying my requests for numerous subpoenas and interrogatories to Employer's IME examiner in their entirety. Without the subpoenas especially, my two pending permanent-partial claims may be severely jeopardized.

    The SHO's Order was so different from the actual documented facts that it appears he took a kickback from employer. Spoke to the Ombud's office and they e-mailed me some law that supported my position and opened the door for me to speak with their in-house counsel (BWC attorney) to get this matter favorably resolved.
    I spoke to the BWC attorney and he was helpful.

    The plan at this point is to file an "abuse of discretion complaint" against the SHO, with the Regional Manager for the Industrial Commission; file an "appeal" of the SHO's Order to the 3-Member Board for the Industrial Commission; and to also file a "Motion to Compel Enforcement" of the Industrial Commission subpoenas that previously issued, but which Employer refused to obey. I've got a week left to complete the "appeal" before I'm time-barred.

    Stay strong Angel. With the determination you have shown thus far, I feel this is but a mere bump in the road for you.

    -Wolf

  7. #7
    sacredwolf Guest

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    P.S. I recently learned that our local law library has free WestLaw access. I also learned that they have copies of workers compensation CLE (continuing legal education) seminar materials there. These CLE legal "primers" are worth their weight in gold, where CLE materials are written by the best of the best lawyers in their respective field in a given state.

    My circumstances mandate that I'll be spending a lot of time in the law library post-op.

    My employer and all of its elements are as corrupt as can be, but my TPA appears to have some semblance of a working conscience. Following the SHO hearing, I observed him and the defense atty. walking down the hall and the TPA was shaking his head. The body language said that they they had been stomped. The TPA stopped me and asked me why I wasn't a lawyer and said that I was a natural. I told him I got tired of the corruption as a civil rights litigator suing the government. He then suggested that I go into a different field of law and wished me luck.

    It was kind of the TPA to say those things. Of course, his motive might have been damage control, where if I go to work as a litigator which is within my restrictions, they won't have to be concerned about rehab expenses.

    Although I didn't think it would ever happen again, it appears that I'm destined to return to being a litigator in some capacity.

    Time will tell.

    -Wolf

  8. #8
    cp Guest

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    Angel.....If you are or were considered for Voc Rehab, does that mean you are "permanent and stationary" if so you may be able to get an "advance" for some monetary help. Call your lawyer and ask about it. I'm so sorry to hear what you are going through. Breaks my heart to hear an injured worker being taken to their knees. I've been there several times and I know it's rough. Keep your spirits up and don't be afraid to ask friends and family for help. Call your utility companies and see if you can arrange payments or assistance. There will be better Christmas times ahead for all of us.

  9. #9
    sacredwolf Guest

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    Surviving that which does not outright kill us, serves to make us stronger!

    -Wolf

  10. #10
    undercovrangel Guest

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    ARGH I love my child, I love my child I love my child....really I do..just because I am ready to kill him, doesn't mean I don't love him. I have been sitting here typing a response to all of your posts one handed for the past 30 minutes because my right hand hurts to much to type with it. When all of a sudden his girlfriend calls and tells him that he is showing online on MSN. Before I can stop him, he comes over and grabs the mouse and keyboard from me and *POOF* there went my responses. So I am going to try once again.

    First, I think that I have resolved the boyfriend issue (see Multiple Bunnies post) Although it doesn't stop the hurt at the moment.

    PT

    I would love to go home to Colorado. However my issue with the IC is in NV. Thus I am tied here. The sis and her hubby went back there, so at least I know that my mom has an *Angel* (per se...although right now I don't think of her as one) to help her and dad out.

    Moderator

    As to what you say, unfortunately, a little to late. I was forced into the position to where I had to quit. My employer to this date will still swear that he met all my restrictions. And there was no way that he would have fired me...he enjoyed having slave labor to do his job and make his living for him. I learned to late the mantra of document, document,document. If it isn't documented then it never happened. As to being reassigned, there is no place that I could have been placed. I worked as a cashier in a small gas station/c-store with three employees on the books.My employer, his wife and myself. (Although at various times he employed a total of 11 others under the table.)

    However, with the new hearing in Jan, I will be able to bring in my med as well as my PT records where it shows that each time I was seen, I told them straight up that my restrictions weren't being honored. In fact that is the reason that my treating phys. put me at MMI...he wanted me out of there sooner than later. Everything that I accomplished in PT was wiped out the next day at work. I guess that had I known at the time that he could do it, I would have had him take me out of work instead of placing me at MMI.

    Wolf
    Not a big fan of adult alternative music ( coutry music fan through and through) However, I did go to the video and watch it. Talk about looking in a mirror. I was at that point in my life as well. What a wonderful ending. How a small little miracle can turn a life around (See my post under Multiple Bunnies)

    CP
    I was put at MMI on June 26th, had my IME on August 10th and picked up my measly settlement award the 16th of September. No funds to be advanced. However, the IC had asked my ex-employer by this time how he felt about me getting VR and had his response by July 15th. And I bet that we all can say what his response was. They never bothered to send me to see a VR counselor before making their decision on September 10th. I didn't even know that the process had been started and pretty much over with until my new attorney contacted me via email with notice of the denial at the end of October. He wanted me to know that if there wasn't anything more that I wanted him to do, he would be closing my case. That is when I got on the ball and lit a fire under him. And light it I must have, as he never even called me when my appeal was denied. He took it upon himself to file the appeal and it was entered 4 days after I received my notification of appeal denial. ( A miracle unto itself....an attorney that will do something good for the IW without having to be ridden)

    And finally, once again Wolf

    Heck then, I should be able to pick up a 100 lb weight and beat the IC down with both hands behind my back and my eyes blindfolded I am ready to take on the world tonight.

    Angel

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