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  1. #1
    michael Guest

    Default Hearing To Determine Apportionment and Permanency

    Next week I will have a hearing to address the question of apportionment and the question of permanency. I just had a meeting with my attorney and he concluded that I probably would be PPD marked to moderate. I was surprised when he told me that I would be expected to look for work in the light category. I asked him , who would hire a 55 year old ex-factory worker with four herniated discs in his neck? I have also undergone a FCE exam that concluded I was unable to return to my job because my current abilities do not match the demands of the job. I was classified as light to sedentary. I have a weight restriction of ten to twenty pounds.
    I have had surgey and have a metal plate in my neck fusing two of my discs. Two other discs are still bad. I cannot stand for long periods, I cannot sit for long periods. According to one of the three IME reports I should not do any work involving repetitive motion using my arms above my waist and shoulders. I should also restrict movement of my neck from side to side and up and down.
    In my present condition I am not an asset to any employer, I would be a liability. My condition will never improve. The only way to stop it from becoming worse is to eliminate the factors(manuel labor) that brought me to this point in time. My concern of returning to work is one of further injury and then of having to go through this whole crazy process again.
    I worked for my employer for 23 years and I have no history of misconduct or defrauding insurance companies. Am I being unreasonable to think that I shouldn't be required to look for work?

  2. #2
    sh Guest


    Yes. You have prejudged the situation.
    The mental block of dealing with going back to work and an attitude of defeatism is one of the biggest obstacles voc rehab professionals have to overcome.
    The only way to answer "who would hire a 55 year old ex-factory worker with four herniated discs in his neck?" is to try. There are many workers with serious unlerlying and past medical problems that are working.
    Work Comp is not going to give you total disability and partial is not enough to live on.
    They are certainly not going to pay more because you "might" have new injury.
    These really sound like excuses rather then reasons.
    It is scarry to think about starting over. These rationalizations are the way our mind trys to deal with fear; it's normal but it's a mental trick that leads to dependency and depression. A professional vocational rehab specialist may be able to help, especially if you have talents and interests that you never before had an opportunity to develop.
    Start here to find professional help

  3. #3
    michael Guest


    SH, you've missed the whole point of my post. I am not depressed and I am not afraid. The point I was trying to get across is when does the WCB say enough is enough. Comeon be realistic. Don't feed me that bull that the WCB is concerned about people becoming dependent and depressed. They are one of the major reasons a person becoming that way. In case you didn't know it's no picnic dealing with the insane policies of the WCB. To suggest that they actually care is a bit ludicrous. If they truly cared they would simplified the whole process. IMHO the WCB and State Insurance Fund are in coherence to make this process as difficult as possible.

  4. #4
    sh Guest


    You asked for an opinion and got it.
    If you wanted an arguement or someone to agree just ask; there are others here that'll respond.

    You're welcome.

  5. #5
    Join Date
    Oct 2006

    Default Re: Hearing To Determine Apportionment and Permanency

    Michael I know this is an old post but how did you make out? what was the final outcome

  6. #6
    Join Date
    Feb 2007
    Western New York State

    Default Re: Hearing To Determine Apportionment and Permanency

    These results of the original question would fall under the workers comp laws prior to when they changed pn March 13th, 2007.
    Knowledge is a beneficial tool for the injured worker!

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