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  1. #1
    Join Date
    Aug 2011
    Posts
    6

    Default Sent Back to Work and the Doctor Didn't Even Look at Me, Have Pain

    okay, I fell down a flight of stairs at work 2 1/2 months ago. My foot caught one of those stupid bumps that prevent falls and I fell right down the stairs. I finally got approved to see "Their Doctor" the wc doc that is PAID for by the company I work for, which is a large bully. The doctor saw me and said do physical therapy and then in a month we will look into shots to help the pain.

    After a month I went back, the doctor walked in with a return to work note. He sat down, I was sitting across the room and he asked how is it going, without looking at me, he was writing my return to work note. I told him, I have pain, he said "unless you are a paraplegic, you are not 100% disabled." I was in shocked and was like, umm ok...

    He said, how is PT going, I said, good, slowly getting better I believe, but I am still not standing up straight, I walk with a crutch, I cant touch my damn toes, when I turn over in bed I yelp with pain. He said let me pull up the PT notes, and went to the computer and didnt evenpull them up, I sneezed and yelped in pain and he said "what is wrong with you." I said I am sick, he said ok, Be right back, and never came back, he was in the office with me for 3 minutes. I fell down a flight of stairs and have HNP displacement (whatever that means) and DDD, and my bottom disc is almost not there.

    He wrote me a note to return to work for up to 4 hours shift and being able to move positions as needed. And to continue PT. So my job calls me and my lawyer calls me and says I have to go back, my job says I can stand up and sit down as needed but the computer is at hip level, I cant assist customers while yelping in pain as I sit and stand during phone calls.

    The doctor that I saw, he did not mention the shots, nothing he came in with the note, he did not have me stand up, walk around, put my hands over my head... NOTHING. And apparently he said in his report that I can put my hands over my head and all that. And he didnt even look at me!!!

    I dont know what to do. He did say for up to 4 hours on the note... so what do I do... go in and try? What if I get hurt more? I am on pain meds too, and they want me to drive into work and if I dont I am fired.

    My lawyer only said I have to "try." And it wasnt my lawyer it was my paralegal which is the only person I deal with. Should I tell them I want a meeting with my lawyer? My "paralegal" said Maybe it will be good for you to try to go back to work, maybe it will make it better??????? I was like... ummm k.... And yesterday when I found out they are making me work Monday through friday for four hours a day sitting (which I am most comfortable laying but I will sit and I have to standand move around a bit to get the numbness in my toes to go away.)

    I just dont know what to do... I was also just told ri9ght before they decided to "let me back" that they were going to fire me for being out. And now they want me back ? I was also told that they would make my work area "erminomicly correct." And I spoke with my job and they are not doing ANYTHING! They said I can sit and stand as I please and they are only giving me a 15 min break during 4 hours.

    My primary care doc stated he does not want me working unless every 30 min of sitting I get 10 min of walking about. ONLY if I have to. But he doesnt want me to go. He says this other doctor is like "a Fox watching the hen house" whatever that means


    I NEED HELP! Please, I am so scared I am going to end up worse after walking 300+ feet into the building and 300+feet around to my area, and I know they are going to make this hard on me and push every button I have....

    WHAT DO I DO Im begging for advise... I am being made to go back tomorrow....

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Umm Sent Back to Work and the Doctor Didnt Even Look at Me, Have Pain,

    WHAT DO I DO Im begging for advise... I am being made to go back tomorrow....
    So...go back and "try" to do what the job demands... if you can't, you go back to the Dr, and explain the situation... "try" means just that... try.

    Make a concerted effort. That's all you can do.
    If necessary... talk to your attorney about changing Dr.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,049

    Default Re: Umm Sent Back to Work and the Doctor Didnt Even Look at Me, Have Pain,

    You need actual legal advice from an actual lawyer. Make an appointment to see your lawyer. Sounds like your lawyer may want to file a motion to change your treating doctor, for starters.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  4. #4
    Join Date
    Aug 2011
    Posts
    6

    Exclamation Re: Umm Sent Back to Work and the Doctor Didnt Even Look at Me, Have Pain,

    Thank you for the replys...

    Okay, since that post... I did go back to work,and I could only work a couple hours, I was able to get into the doc who approved my leaving, but then the doc refused to send the paperwork to anyone (the doc notes) so my employers insurance company sent me to another doctor who then referred me to a neurologist. The referring doc said I need back surgery. Then he sent a form saying I can return to work. Which makes no sense, but with the time laps I ended up not going back to work yet and my neuro doc appt is wednesday (in two days.)

    My lawyers paralegal said they were planning on filing a trial date. What does this mean? How long does this take? I havent even seen the surgeon yet. My work doesnt want me back which is what I understand from everyone but I am doing everything requested of me and it has been four months since the fall. This is nuts.

    So if my surgeon says I need surgery, whats going to happen if they file a "trial motion" is what he called it.

    What happens now?

    If I have back surgery and we file a trial, what if, god forbid, I need another surgery? Will all this be brought up in court? I mean I understand that the trial motion, hearing, thing would mean we are looking to settle, right? IF so does that mean they will provide me with the funds to cover additional surgeries if needed?

    If we settle and I have to have surgery, what about future time missed from another job if I have this back pain? Will they help me with those costs? Future medical costs?

    I am just trying to understand so I dont end up with nothing and in this kind of pain.

    Anyone have any ideas?

    Right now I have restrictions to only lift 10 pounds, I am not allowed to stoop, bend, crawl, anything like that, I am restricted to sitting or laying only and very little walking. I dont know what a rating is, and I dont know who I would get it from if I did have one.

    Thanks ahead of time for the advice and help.

  5. #5
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,049

    Default Re: Umm Sent Back to Work and the Doctor Didnt Even Look at Me, Have Pain,

    Based on your description, I have no idea what is going on with your case. Is your lawyer requesting a hearing using Form 33 or is your lawyer filing a "medical motion" to get you some different medical treatment? A hearing is not for settlement purposes, it is to put on evidence in an effort to get the Industrial Commission to order the other party to do whatever it is that needs to be done.

    You must have a fairly significant injury to your back, but I frankly cannot discern the legal status of your case from your description. Try to go in and sit down with your lawyer and make him or her explain to you what is going on.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  6. #6
    Join Date
    Aug 2011
    Posts
    6

    Default Re: Umm Sent Back to Work and the Doctor Didnt Even Look at Me, Have Pain,

    Oh I see. Yes, I do. When I fell I have two pertruding discs and the last one, the doctor said was a "flat tire" and its pinching nerves where it is hard to walk and I am losing feeling in both legs, one more than the other and in my arm, to the point I use a crutch or two to keep me up when I walk incase my legs give out. The doctors are finally doing something now after 4 months. The first doctor was hired by wc so he just sent me back to work stating the numbness in my toes was not caused by my back. My lawyer says there is nothing another malpractice lawyer can do. When the fact is, all the research I have done states numbness can be irreversable. This last doctor could have caused me more damage if the new doctor cant fix it and get rid of the numbness. Im scared and I feel like no one really has my back, not even my "lawyers paralegal" which is the only person I talk to. I havent talked to my lawyer since the day I hired him. And the paralegal intimidates me. I dont know. It is a mess and I dont know what exactly to do. Not to mention, during all this and my back being a mess, I just took a test and it came back positive. The medication I am on help curve the pain, just the numbness makes me worried and an accident/blessing may have just made a complete mess of a complete mess.

    Should I just call my lawyers office and request a meeting with my lawyer and bring my husband with me. Or should I wait til after the doc appt I have been fighting for four months, get whatever he gives me and bring it in and request a meeting with him then?

    Also - How could the paralegal person tell me the first doctor is not at fault when he sentme back to work, didnt look at me and wrote untrue things down stating I could do things I couldnt, and then is now refusing to give his doctors notes to anyone... what if his putting me on the back burner for 3 months and his refusing to let people have his notes so I could be seen elsewhere - what if his actions gave me possible perminate damage to the nerves in my legs and arm? I mean I will know once I see the doctor on wednesday but Im scared to death, nevermind the fact the protection I took failed and I may have put myself in more harms way, after fighting 10 years to have a child... Now I get pregnant, with protection, if so this little thing is a blessing... a forseen future painful blessing .... ugh. Im so stressed I could scream, and I dont even know what I am asking of you, and Im sure you are asking the same thing... but any advice would be great. Thank you.

  7. #7
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,049

    Default Re: Umm Sent Back to Work and the Doctor Didnt Even Look at Me, Have Pain,

    Yes, you should call the lawyer's office, request a meeting, and take your husband with you. Ask your lawyer for his plan to start solving some of these problems. He may not be able to solve them all.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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