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  1. #1
    Join Date
    Jan 2010
    Posts
    1

    Unhappy L and I Claim Closed - Not Ready to Return to Work.need

    Not sure where to even start now. I just found out that my L&I case is closing because a Dr. put that I was ready to go back to work on an IME exam with no restrictions.

    My regular Dr. has been on leave the last month & a half so I had to start seeing a new Dr. he put down that he agreed with the IME.

    I found this out 1 day before I was supposed to get my next check...no check came or will come PLUS I have to repay 1 months worth of benefits back.

    My Dr. started my on Morphine and of course if any of you know about it, you become addicted to it (not abusing it, but I go through withdraws if I miss a dose or am late taking it.)

    I had a prior issue with my back so they have had a little issue trying to decipher between the injury and prior issues.

    Now, I don't get benefit checks, no medical visits, no medications. I have 4 days left of my morphine and can't afford to get my new presc. filled or go in to see the Dr. again. I am going to have to quit cold turkey.

    Due to the work I did, I had one Dr. and other people state I cannot return to this field, but the new DR. and IME don't agree with that. So, I get no vocational counseling/training to help find a new job.

    Any suggestions, help or where I should turn?

    Thanks!

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: L and I Claim Closed - Not Ready to Return to Work.need

    You turn to your attornrey... if you dont' have one... you start callling tomorrow morning. I'm sorry for your situation, but comp benefits are not open ended. At some point, a Dr is going to determine you have reached a stable condition, MMI, and are ready to return to some type of gainful employement...yes, even with continuing pain.
    Fair ?, no...illegal, no.
    You are going to have to file for a hearing with L&I, in order to get the benefits reinstated. Any time they have a DR saying you no longer need the benefits, benefits will stop.

  3. #3
    Join Date
    Feb 2009
    Posts
    11

    Default Re: L and I Claim Closed - Not Ready to Return to Work.need

    As BvIA noted, get an attorney.

    As for the medication, have the doctor prescribe a refill (make an appointment if needed/required to discuss how to discontinue the meds). If they resist, remind them of the risks of sudden discontinuation. Worry about payment later. The prescription itself should be dirt cheap.

    Please note that withdrawal symptoms are a sign of tolerance (the term you are looking for) NOT addiction. Tolerance is a normal response to long term use of narcotics.

    If you have a job to return to, return to it. If not, you are now UNEMPLOYED. File for unemployment and any related programs for which you are eligible and follow their requirements. This way you will have money to live on. If your claim is reinstated, the money will have to be paid back but worry about that later.

    At the present time, you are considered MMI and physically capable of working by L&I. Unfortunately pain is NOT considered an objective criteria and thus is NOT considered in this decision.

    Good luck. And get an attorney.

  4. #4
    Join Date
    Mar 2010
    Posts
    9

    Default Re: L and I Claim Closed - Not Ready to Return to Work.need

    Usual L&IME doctor doing what L&I wants (closing your claim) to ensure regular L&IME work and all that money. How you really are does not matter to the L&IME doctor.

    Your new doctor just doesn't want to deal with L&I and doesn't seem to care about you. Sad.

    Get an attorney yesterday. Best of luck to you, You'll need it because this system is stacked up against you big time.

    Best of luck with this screwed up L&I WC system. No fairness and these claim managers coulkd care less about you, as long as THEIR paychecks get cashed. I even had a discussion with an L&I judge who also recognized how broken the sytem is. The judge thought de-centralizing the claim managers might help. I think it would take a lot more than that. But I do agree that these claim managers should have to come face to face with their injured workers regularly especially with lomg term serious claims. Personalize your existence with these heartless claims managers.

    Also require every doctor in the state to accept L&I WC. Requiring every doctor to also do IME's according to their specialties, using a rotating list to assign workers with L&IME doctors. Instead of the way it is now where claim managers pick the IME doctor(s). Claims managers picking the doctors that give these claim managers the claim closing and claim denying decisions they want. Not picking the fair IME doctors, who don't just give the claim managers the anti-injured workers decisions they want. After a while the only L&IME doctors being used by these claims managers are the sociopaths who put money above all else. Even basic human decency.

  5. #5
    Join Date
    Apr 2010
    Posts
    3

    Default Re: L and I Claim Closed - Not Ready to Return to Work.need

    Volcano girl, let us know how it's going. Your lawyer should be able to get your claim kept open. If not, you can always file and aggravation of condition and request your claim be reopened. You can't get back time loss for the time your claim was closed, but at least you can get time loss from the date of reopeing, and get your rightful PPD.

    That doctor who concurred with your IME won't carry as much weight in court as your regular doctor. So take it to hearings with the Board ASAP.

    Kelseyanna

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