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  1. #1
    Join Date
    Jan 2013
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    7

    Default Where to Turn when Workers Comp Fails You

    I have been involved in this for going on 3 years. I do not know what to do. My attorney is advising me to take settlement even though my health is continuing to deteriate. He says this is way system is. I have lost everything I owned including the house I bought at 20, I am now 28. What should I do it is endless fighting between insurance and doctors. The workers comp system is setup to protect employer from the mistakes they made. The insurance company holds all the power in determining care. I have all my documents in order and if you want to hear my long ordeal I am willing to share. Without getting into this very long story I have a few simple questions: Should I take the settlement and use this to blast the parties involved on social media and in the local news and paper? Will I then have to ability to recieve the care I need? My attorney says theres nothing else he can do. I know the system will not get me my home back or recover anything that I have lost or my quality of life. What should I do?

    I have 2 herniated discs, spinal stenosis, nerve root damage and compression with left leg radiculopathy. I can walk(hobble more like) with a cane for only very short periods at time less than hour
    Last edited by evinaz; 01-10-2013 at 01:03 PM. Reason: some detail

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

    Default Re: Where to Turn when Workers Comp Fails You

    I have a few simple questions: Should I take the settlement and use this to blast the parties involved on social media and in the local news and paper? Will I then have to ability to recieve the care I need?
    No one can tell you whether or not to accept- a cash settlement.
    IF you do, you will also be agreeing to accept liability for any further medical care... out of your pocket. You cannot use your own health insurance to pay for work injury.
    You won't be paid full value on the potential medical you will seek. WC simply doesn't pay that kind of dollars.

    Won't do any good to blast the parties on social media or any place else. Your elected state representatives make the comp laws. Watch who you vote for... democrats are much more worker friendly than republicans ever will be.
    My attorney says theres nothing else he can do. I know the system will not get me my home back or recover anything that I have lost or my quality of life. What should I do?
    Your atty knows the laws, your file... no one on any message board can give you legal advice, or second guess what your atty may have in mind.
    My attorney is advising me to take settlement even though my health is continuing to deteriate. He says this is way system is.
    Your atty is probably right... comp is what it is.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Where to Turn when Workers Comp Fails You

    you need to be practical.
    if you are not prepared to fight by yourself, you will need another atty.
    check around and if there none you want, then your decision will be easier.

  4. #4
    Join Date
    Jan 2013
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    7

    Default Re: Where to Turn when Workers Comp Fails You

    Quote Quoting BvIA View Post
    Your elected state representatives make the comp laws. Watch who you vote for... democrats are much more worker friendly than republicans ever will be.
    Your atty knows the laws, your file... no one on any message board can give you legal advice, or second guess what your atty may have in mind. Your atty is probably right... comp is what it is.
    I voted in elections but guess what this is a republican state no one won. Attorney said they are even proposing changes to allow permanent closure with no reopening

    And yes I know comp is what it is but now I am having to go on social security and when I informed attorney he said that was best and there you go you'll get monthly checks. I do not want money I need healthcare and treatment. When I went to the SSD doctor he asked what my goal was and I said health and in the mean time education and maybe I can work from home or something like that. SSD doc said he doubted I would return to ANY work. I feel like I'm being put out to pasture. This is a joke no wonder everything is broken and country is going bankrupt while these insurance companies have more power.

    Quote Quoting BvIA View Post
    Your atty knows the laws, your file... no one on any message board can give you legal advice, or second guess what your atty may have in mind.
    No duh anyone thats been through anything similar will understand where I'm coming from I'm just looking to share my ordeal and maybe others that have dealt with it can offer up what they experienced and share what worked for them. I can try to help others as well. And....like there haven't been any attorneys that are more concerned about their payday than of the health of injured worker or any other legal matter for that concern.
    But thank you so much for your understanding and comments. I have understood that this is a learning experience and I use every opportunity to learn how to deal with this and life in general. Anyone dealing with workers comp in Az I am here willing to listen and help in anyway I can through my experiences.

  5. #5
    Join Date
    Jan 2013
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    7

    Default Re: Where to Turn when Workers Comp Fails You

    So i got an update that is really intriuging. I had another EMG test done on 1/7/13 which showed DEFINITIVELY that I have nerve root compression and left l5 radiculopathy. Which is very funny because I had the same test done in May 2012 and this one DID NOT show any nerve damage according to their report. New doctor says it is VERY DOUBTFUL that this has occured since the last EMG. Also of note the first test I feel was not complete. The doctor only tested my left leg with the muscle transmissions, thingy with needles into muscles and then flex very painful. He DID NOT test my low back or my right leg. He also DID NOT test the nerve conduction or whatever where they basically taser the hell out of you on any part of my body. This new doctor did what I feel was a COMPLETE EMG and low and behold it shows I do have damage, its not "in my head". So I started digging even more. What the hell is gong on how did this happen and then I found the "SMOKING GUN". In testimony before the ICA the previous doctor is under oath stating his opinion of workers comp to the point that he does not like doing the cases becouse it is too much work and not "wildly profitable". I have included his statement which is available on the arizona ICA website. Please check to see about how your doctor views workers comp as this shows it will greatly influence your care.
    Daniel Lieberman, M.D.
    Testified that he is a neurosurgeon and he explained how the codes fit together from a surgeon’s perspective. He described a recent spine surgery and the multiple codes involved in the surgery. He explained that the proposed values for the spinal surgery codes result in a substantial reduction in fees and that physicians cannot handle the impact of a sudden reduction since they operate under a fixed cost structure. He stated that it is harder to take care of the workers’ compensation patient. It requires adifferent skill set and is not wildly profitable. The Commission made the right decision last year and it makes sense to apply the same approach this year.

  6. #6
    Join Date
    Feb 2007
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    Calif
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    Default Re: Where to Turn when Workers Comp Fails You

    EMG's are often inclusive. Not out of the norm...depends on many variables, your participation, the tech/Dr performing the exam... any number of things. If in fact this Dr does not like treating under WC...he should not accept new patients.
    It requires adifferent skill set and is not wildly profitable.
    If you take into consideration a group of men/women graduating from medical school... they did not all finish at the top of their class...not all rec'd A's... WC does not require a different skill set...a Dr is a Dr is a Dr. This particular Dr simply offered his opinion, and as I said, should not be accepting patients under the WC system and fee schedule.

  7. #7
    Join Date
    Jan 2013
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    7

    Default Re: Where to Turn when Workers Comp Fails You

    Is there any way I can use any of that information to help with my case. I.E. how he released me and his opinion that I had no physical problems they were mental. His testimony or lack thereof to the IC regarding my case allowed them to close my case again. I have a new doctor and am applying to see dr. nicholas theodore at barrows institute but being on AHCCCS now it will be hard. They are going to be able to close it again at end of Feb according to attorney because I dont have doctor(more like specialist) advocating active treatment. The new pain doc has been giving me epidurals and is the one refering me to barrows. He is still advising me to take paltry settlement offer. I thought the epidurals fall under active treatment? Why can I not just go before a judge and state everything that the IC has put me through and I'm still in same condition if not worse than when their own IME doc stated I needed a fusion?

  8. #8
    Join Date
    Dec 2012
    Posts
    59

    Default Re: Where to Turn when Workers Comp Fails You

    How do you check your doctors view on the ICA website? My Cervical Spine MRI showed Cervical Ridiculitis and Cervical Degenerative Disk Desease. My doctor told me a couple of weeks and injections will end my pain. Well I have not received approval from CA/IC for injection as of today. I have headaches and pain in my neck and shoulder going down into my are arm and hand. My doctor gave me two weeks off and return to work with many restrictions. I am thinking he does not want to deal with workers comp similar to your statement above.

    I had a MRI on my right shoulder this past Friday and see my doctor to go over results this Thursday 1/31.

    Any help with what I should do and tell the doctor. My job is no longer available. At this point I am cleared to return to work on many restrictions 1/31!!! My headaches are really bad when I wake up and then after looking for work on computer after a couple of hours my neck and headaches worsens, not to mention how painful it is to type.

    Any help or advice would be greatly appreciated, thank you.
    Arctic

  9. #9
    Join Date
    Jan 2013
    Posts
    7

    Default Re: Where to Turn when Workers Comp Fails You

    this http://www.ica.state.az.us/Director/...ion(final).pdf is where I found information pertaining to my doctor. Under the ica website on the left side look into their summaries and meetings and everything. Their is the annual reports and agendas. It is a lot of research but they have some helpful documents. I feel your pain not being able to do anything without pain. Yet the whole system doesn't even care and with only 2/3s pay and benefits like that its only matter of time before you break and I think thats what IC wants. Stay strong and research as much as you can like I said it will become a fulltime(hour here then pain little there refresh so you dont go crazy and begin again). You seem like you got down keeping your ducks in a row. Keep plugging away. Injections work to block your feeling hopefully they last a long time but if MRI shows damage then you need to get that straight everything else is just a mask. Get a good doctor that will help fight for you. What happened to doctors that cared and followed you all the way through process. The family doctors that cared like you were their own, is this what society has become everything depends on all mighty dollar. The doctor at barrows when he sees me i will tell him i will sign contract that he can garnish my future wages as much as he'd like for me to get back to some percentage some quality of life i had before. Try researching doctors it is hard but we do have internet. Be careful I spent $1600 for IME on own and it was a doctor on that list that again feels wc patients are too much work for their trouble and not enough money(so i was bent over yeah you got a problem but oh well not worth my time). Yeah but they have best office space nice cars and multimillion dollar homes. You are on right path documenting and being aware of the system. Try try try everythng you can like david and goliath or countless other metaphors. Good luck and stay positive and keep posting

  10. #10
    Join Date
    Dec 2012
    Posts
    59

    Default Re: Where to Turn when Workers Comp Fails You

    evinaz,

    Thank you so much for your support. I see my doctor tomorrow afternoon to review MRI on right shoulder. Thanks again for your time and help!!!

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