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  1. #1
    Join Date
    Sep 2007
    Posts
    3

    Question Claiming Worker's Comp for a Cumulative Injury

    On Oct. 21,2004 I woke in the morning in severe pain & couldnt move from my neck to my hips.
    I have been a trucker for 16 yrs. At the time I had just been laid off on Oct. 12th. The type trucks are dump trucks here in Alaska. Prolonged sitting for hours and bouncing over rough roads unpaved or on dirt job sites.
    My lower back & hips have been hurting chronic for almost 3 yrs. Never diagnosed as anything deffinately yet I have medication & injections monthly.
    I feel it is caused from my career as a truckdriver. Specifically since woking in construction for the last 8 yrs driving dump truck. I also feel its piriformis syndrome which I am unable to find or get referal to a qualified doctor.
    Since it is not diagnosed can I file workmans comp ? As a career disability?
    I have never had back problems or any type of workers comp.
    All the medical bills and not being able to sit in the truck anymore has broke me. Not having a doctor who knows what hes doing or specializes in the spine up here in Fairbanks is terrible. Im at my end.
    My doctor doesnt diagnose me yet injects me in areas he wants to "try" & see if it works to releave pain. I feel he is milking my insurance. When my ins. ran out he treated me like he didnt know me. When I regained insurance he immediately wanted to do more injections. Still without knowing what was wrong.
    Any help would be appreciated.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Can I file WC? Dr. milking my Ins.

    http://labor.state.ak.us/wc/wc-brochure.pdf

    Alaska has a 2 yr time limit for filing claims. If you haven't worked since 2004 it's too late.

  3. #3
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Can I file WC? Dr. milking my Ins.

    I have been working since the original onset in Oct. of 2004. Last employement as a construction truckdriver was ended in Oct. 2006.
    As long as I have injections and no medication that DOT doesnt approve of.
    The thing is like this. There is no diagnoses yet through out this. My DR keeps giving my injection in various areas and doesnt know what my injury is. Only give me injections in the pain arae.
    Since Oct. 2004 I have never been given a reason as to why this happened, what it is or how to make it go away. No nuerological test or special type MRI, nothing to look at the nrves or muscles. Yet he is using nerve blocks, Facet blocks, Radio Frequency Ablasion and different medications.
    When I asked to see someone who can do some kind of test if any he didnt know where to send me. When I asked about seeing the neurologist in Anchorage & them needing new Xrays, MRI, & CT my DR played STUPID. He asks what kind & where did they want to have the Xrays etc done on me? DUH ! Obviously where I hurt. He also played like he didnt know this Neuro & they told me my DR has refferals to them allot!
    Yea he is using me & my insuance!
    I went to a new DR 2 days ago. He specialized ortho DR. When he heard all I been through, almost 3 yrs in pain, never physical touched in the area Im in pain with anything but very light touches, never on a table to bend legs or hips or knees, all the injections, no diagnoses, he was shocked. He also found my problem hopefully.
    He says I have bursitis of the hip. Possible in both hips. Something that could have been taken care of in a very short time & Ive dealt with this almost 3 yrs.
    So now that I hopefully have a diagnoses I can get treated. Now can we file against this Stupid Dr that has sucked my insurance up?
    Last edited by AKgal; 09-28-2007 at 09:40 PM. Reason: date error

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,930

    Default Re: Can I file WC? Dr. milking my Ins.

    AKgal, after careful review of your states WC guidelines it would appear that due to your only recently having reason to believe that your injury is caused by your work that you are still within the time limits to file the claim with your employer or directly with the BWC. Do this straight away.

    Did the new doctor that you seen recently agree that your injury is due to your employment? That is going to be the maker or breaker of the WC IC accepting your claim as a compensable injury under WC. As you most likely already know in Alaska you get to choose your own physician. What I recommend you do, (this is only so IF that doctor you seen has told you that this is work related), is on Monday ask your employer for the WC claim forms. Fill them out and submit the copies that you are supposed to and keep the two copies marked for you to keep. If for what ever reason your employer refuses to give you the forms contact the BWC and they will send them to you.

    Get ye back to that doctor and start getting your treatments covered under the WC insurance.

    If that doctor has NOT substantiate that your injury is indeed work related you might want to see a different doctor that will.

    Good luck to you AKgal and be sure and let us know how things are going for you.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  5. #5
    Join Date
    Sep 2007
    Posts
    3

    Smile Re: Can I file WC? Dr. milking my Ins.

    Thank you SteelMagnolia so much for the encouragement. Its been such a dreadful situation for me. I dearly love my occupation and it has broken my heart to be unable to return to work as a professional truck driver this summer. I am currently a manager of a convenience store and making the best of it considering the pay.
    I fought depression, bill collectors and sent my two teenagers to live with their father due to my inability to afford them at this time in my life. I currently am in such debt its unbelievable.
    I dont care for a settlement for financial gain what so ever. I just want my life back. My job, my bills back to normal and my beautiful babys in my arms here at home.
    The DR who has done experimental injections, played stupid and usurped my insurance needs to be held accountable! Im outraged!
    The WC also needs to do the right thing and take into consideration the time this DR has prevented me a diagnoses for his financial gain.
    Thanks again Steelmagnolia for the hope in all this.

  6. #6
    Join Date
    Feb 2007
    Posts
    50

    Default Re: Can I file WC? Dr. milking my Ins.

    You need to file ASAP. Then you need to find an attorney. Your going to need one to deal with this in Alaska. Send me a PM if you'd like the name of an attorney in Anchorage that I use....

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