West Virginia Worker's Compensation - Help For Injured West Virginia Workers

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  1. #1
    Join Date
    Oct 2011
    Posts
    7

    Default Workers Comp Doctor Recommends Returning to Work, Despite Continuing Problems

    Workers Comp chose the Dr for me to see following an injury at work in which i tore the miniscus in my knee,At my initial visit,he suggested 6 weeks of PT,and if that wasnt successful,he reccomends surgery,followed by 6 weeks more of PT.My knee hasnt improved very much from the PT,and I go back to see the orthapedic surgeon in two days,I do not want surgery as ive talked to several people whove said they had the surgery on their knee and its never been right,even years later.The workers comp person handling my case has said the Dr may just send me back to work to see how it goes,Im an LPN,and i work a minimum of 12 hour shifts,and often double shifts,16 hours.My knee gives out on me,and is extremely painful just walking around the house,so how can he send me back to work after i see him and explain my continuing problems?Im concerned that if i return to work in this condition,the company i work for will find an excuse to fire me,just to be rid of my workers comp claim.Im wondering what my rights are,should i request a second opinion from a DR of my own choice?Also,to complicate the situation,i will lose my company insurance after my FMLA runs out the first week in December,this covers my children,my husbands life insurance,and my own,and our children,also my 401K.I see the Physical therapist tomorrow,Monday,and the DR on Tuesday,Im wondering what rights i have,can i refuse his reccomendations?In addition,the Physical therapists reccomendations in his final report to the DR.,after i see him tomorrow will have an impact on his reccomendation.If I go back to work in my present condition,i may find myself without a job or workers comp,if they fire me just to get rid of me.Should i sacrifice my my company insurance,so i can stay on workers comp until my knee is better,my job would probably be done,but at least ide have medical coverage for my knee.any thoughts or suggestions would be greatly appreciated,too bad it took me so long to find this web site,but im glad i did.Thankyou for your time,God Bless,
    sumafow

  2. #2
    Join Date
    Oct 1971
    Posts
    3,455

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    sumafow
    The workers comp person handling my case has said the Dr may just send me back to work to see how it goes,
    I have a feeling he would return you with restrictions, if he does, do your best, whatever you do - don't quit!!
    If it becomes unbearable, let your boss know and ask to return to the doctor.
    Be sure to share your concerns with your doctor so he can write your restrictions accordingly.

    Im concerned that if i return to work in this condition,the company i work for will find an excuse to fire me,just to be rid of my workers comp claim.
    That's not the way things work, your claim remains open.
    If your employer let's you go while you're under restrictions, you will be eligible to have your wage loss payments reinstated, you keep your medical until your case is closed.

    You have too many "what ifs"
    You're trying to predict the future, take things as they come.
    You're causing yourself unnecessary stress and worry, I bet none of your theories play out.

    Relax
    Tony
    Last edited by tony; 10-23-2011 at 09:42 PM.
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    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

  3. #3
    Join Date
    Oct 2011
    Posts
    7

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Thankyou Tony for your advise,I appreciate it so much,I go to see the Dr tomorrow,Ill see what happens,I would like to return to work without restrictions,but it seems to me that the restrictions may in fact protect me from losing WC,as my case would remain open if the Drs orders are for light duty.Thanks again for your help.
    sincerely,sumafow

  4. #4
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    As nurse myself, I feel I could add to this. If. And I mean if the dr sends you back to work with restrictions,it is very important for you to stay within them. Sorry, no sense of "duty" will be considered if you overstep them. They can and probably will hold that against you,if you go beyond the drs restrictions. That being said, I am very sure that if you describe in detail what your functions are and how your injury will affect it,he will probably keep you out of work. Just because he is a dr. Doesn't mean he knows what you do.

  5. #5
    Join Date
    Oct 2011
    Posts
    7

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Well i saw the dr,i insisted i try to go back to work,and the dr is sending me back with only one restriction,that i dont work 2 double shifts in a row.Ill have two weeks of PT before i go back.But im questioning my own decision to return to work,i cant even put weight on my leg,its always painful,i dont know how i can work a single shift,nevermind a double 16 hrs.I plan to call my WC rep,and tell her i know i cant perform my duties now,i dont know what shell say,but she has made the comment that she feels ill need surgery,but i dont want surgery.My question is,can WC force me to have surgery?and if i refuse can they stop my payments.Thanks for your past advise,ide appreciate any input anyone might have.

  6. #6
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Quote Quoting sumafow View Post
    ...... im questioning my own decision to return to work,..........I plan to call my WC rep,and tell her i know i cant perform my duties now,i dont know what shell say,.........
    It doesn't matter what YOU say or what the CA (claims adjuster) says about this. The physician is the one who determines whether or not you have work restrictions. It appears, from what you've said, that you convinced the Dr. to return you to work with only shift restrictions, not physical restrictions. BAD MOVE.

    Now that you're saying you can't physically do the job, you'll need to get the Dr. to change the release and keep you out while you continue to heal. Next time - BE SURE before you persuade the Dr. to release you. Dr.'s hate to be jerked around like that just as much as the injured worker hates to be jerked around with benefits and treatment.

    .......she has made the comment that she feels ill need surgery,but i dont want surgery. My question is,can WC force me to have surgery?......and if i refuse can they stop my payments......
    The CA has no say so in what medical treatment you get. You cannot be forced to have surgery - EVER. You are only required to cooperate with medical treatment that is considered reasonable and necessary - short of an invasive procedure, like surgery. Refusing surgery will not cause your benefits to terminate. Refusing other reasonable treatment likely would.

  7. #7
    Join Date
    Oct 2011
    Posts
    7

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Well,...Im at the point where ive decided to have surgery,Pt dosent seem to be able to fix my torn miniscus,wc threatened to have an evaluation done on me when i said i didnt want surgery,and that i then would be dismissed from wc.So,now i return to the wc dr soon,and hell of course reccomend surgery as he did in the beginning.I have two questions,do i need to ask wc permission to get a second opinion from another dr?secondly,i feel its time i get some legal help,does anyone out there know of a good wc lawyer in harrison county,wv.theres not many in the phone book,and ide like to find a good one.Im worried that after surgery and then more PT,my knee may still give me problems,theres an 85% success rate for this kind of surgery,thats what ive read anyway,so what if im one of the 15%?,then ill have no job,no insurance from work,and wc will probably try to find some way to dismiss my case or claim.Ide really appreciate anyones help out there,im running out of time,thankyou.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    When your Dr recommends surgery, you can COUNT on the carrier to get an IME/second opinion... they are not going to authorize surgery without a Dr of their choice evaluating you.
    Once you complete the recommended treatment plan, and reach a stable condition...MMI, you'll be rated for PPD impairment and the claim move to some type of resolution... the PPD indemnity can be paid weekly, and leave the medical open.

    You need to consult with a couple of attorneys before you sign with any one specific to rep you in your claim.

  9. #9
    Join Date
    Oct 2011
    Posts
    7

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Well.........i saw the dr last week with the wc claims adj. sitting in the same room,the report from my PT as i understand it basically says im making little progress,i gave the report to the dr,he didnt even read it.Now,the WC DR,says that surgery would do more harm than good,but how can he say that now,when before he said well try PT,if that dosent work,ill need surgery.I feel he should have ordered a new mri to see if the tear in my miniscus has gotten larger,or is healing.The doctor took me totally by surprise,reccomending 4 more weeks of PT instead of surgery,and he didnt go into any details or explanation of his recomendation that surgery can do more harm than good now,it dosent make any sense.I get the gut feeling that WC is getting ready to pull something,that im going to be set up for something i dont expect.I want to go to a different orthapedic,and get a second mri and opinion,do i need to get WCs approval to pay for a second opinion and mri?My knee is still very painful and i cant put weight on it for more than a few seconds,i cant even do all the exercises at PT sometimes,none of them.I know this DR works for WC,and i dont trust him or them,the hairs on the back of my neck are up and i fear their plannng some way to get me off WC.Does anyone have any thoughts or suggestions?Ide be very grateful for any input,i dont want to find myself without any income and still unable to work.I feel like i should have a lawyer now,before they pull something on me,but wont a lawyer only take your case without payment only when you want to settle for ppd?Thankyou in advance to anyone who has any ideas,God Bless

  10. #10
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: Workers Comp Doctor Reccomends Returning to Work,despite Continuing Problems

    Quote Quoting sumafow View Post
    Well.........i saw the dr last week with the wc claims adj. sitting in the same room,...
    THAT was a huge mistake. You are entitled to privacy, especially where your medical treatment is concerned. The CA has no right to sit in on your examinations. H/She can wait in the waiting room and consult with your physician, but is not legally permitted to accompany the patient in the exam room (unless you allow it). It appears you DID allow it. Don't do that again. Bad move.

    You are really digging yourself in deep. It would be wise for you to start interviewing and then hiring a competent attorney to handle this WC claim for you.

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