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  1. #1
    undercovrangel Guest

    Default Workers Comp Hearings

    Hi all,
    Just a quick update. I have my scheduled hearing before the WC Hearing Officer for my VR set for Monday afternoon. I am really feeling positive about it and think that when the IC gets hit, they are going to back off and give it to me (at least that is what I am hoping. )

    I was recently writing up a chronological history of my injury and treatment for my attorney, when I was struck by lightening ~L~ No not literally. In the letter that my ex-employer sent to the IC in regards to my VR, he clearly stated that he was honoring every one of my restrictions. Ok....if this is true, why is it that in Feb. 04, I sustained a 2nd workers comp injury caused once more by equipment from UHaul that we rented on the property?? (for those of you that don't know, my 1st injury was sustained due to a fight I had with a UHaul trailer)

    The IC basically made their decision based on the letter that my ex-employer sent them, never once sending me to a VR counselor to see if I could benefit from VR. Even though my treating Dr recommended VR. So now I can prove 2 seperate things.

    1. My ex-employer blatantly perjured himself in the letter that he wrote to the IC. (and I have a copy of that letter)

    2. The IC never followed the WC laws of Nevada as they never assigned me a VR counselor as required, and totally ignored the recommendation of my treating Dr.

    I am hoping that the ruling will go in my favor and that the IC will see the error of their ways and not appeal. I think that if they are smart....they will give in and allow me the VR or else they are in for a long fight!!! If we have to take it to the WCB....I will bring in as many witnesses as possible to tell them what an a$$ my ex-employer was. And I know of at least 50 that saw me on a day to day basis at work and would be willing to testify on my behalf.

    Will post again Monday night to let you know how things went.

    Hope that everyone had a wonderful Thanksgiving!! I had a wonderful surprise and connected with my oldest sister that I hadn't seen since 1985!! What a blessing that was. We had a wonderful visit (in person) and I am hoping that it won't be so long of a time before we see each other again

    Angel

  2. #2
    jaxlady Guest

    Default

    Good luck to you, Angel. Sounds like you have all your ducks in a row.

  3. #3
    dennison Guest

    Default

    Good Luck Angel,
    I always find it great when an IW takes the time to actually go through all the piles of paperwork the IC files and catches the IC at there own mistakes.
    They always seem to create the problems for themselves....LOL
    YOU GO GIRL

  4. #4
    nj Guest

    Default

    Best of Luck to you and glad you got to see you're sister.

  5. #5
    wayne Guest

    Default

    FIRST! Remember that there are exceptions to every general statement/rule--given that--my general statement is: Understand that "Worker's Compensation Divisions, Agencies, etc. have a sole purpose and that is TO PROTECT BUSINESSES, including the Insurance Company/Entity that they "screen" you from being able to interact fairly with. Also unnderstand that this system must also create, to some extent, the impression that people are justly compensated. The important thing is to see clearly what these agencies do with MOST claims--that is really the mission--not the exception settlements they occasionally make and often want to talk about. Quite a setup it is--in every single US state too.

    NOW REMEMBER this well: If you've injured your spine/cord in the context of Worker's Comp. more recently: Forget all the medical/legal details of your case argument, your injury, your attorney (unless you hire your own be suspicious--for an appointed one the longer your case takes the more $$$ they make); your "case analyst" remember is a quasi-adjuster for an insurance provider, and the point for them is not about your injury--it is how they can plan to deal with you at cost savings or preferably NO COST at all--these are NOT your pals and certainly your medical facts are not the point. REALIZE one thing: In nearly all cases their priority is to create an exagerated public belief in the "frauds" and "fakers" who claim at-work-injuries, discredit that image and deny claims and/or at least limit them to the smalllest benefits amounts possible.

    THE MOST IMPORTANT POINT HERE is the designing of processes whereby a "public image" of "the injured worker" is created to be a grand stereotype of a slacker, malingerer, lazy, fraud no matter how this may emotionally damage any individual. So emotionally powerful a trick often results in many genuinely, physically impaired persons eventually developing clinical emotional health issues. These new issues are often denied compensation by Comp. agencies as being "unrelated" to the compensable physical injury.

    Again generally, here's how they try to do it: When you are first injured they insist on a "light duty" work agreement, yes often right back into the same work conditions/environment that you were injured in in the first place; any involved party, your case analyst even which is illegally prescribing medicine, may encourage Depo Medrol and anesthetic epidural injections for pain relief, which is an "off label" use of the drug, not FDA approved; if you take those injections for the pain relief promise, whether or not that helps you temporarily they will attempt to rate your impairment as soon as possible at or around the time of such injections; about that same time, a Work Comp.-hired investigator will likely be attempting to photograph you around your home, grocery, etc. to show how "recovered" you are by trying to take "out of context" photographs of you doing whatever can be photographed as "evidence" i.e. carrying a grocery bag, etc.--you get it I hope and all you can do is wave and smile at them I suppose; meanwhile your TTD benefits are likely discontinued, you are forced to dispute, have hearings that are regularly postponed; fight for Voc. Rehab. that is mysteriously stalled and perhaps eventually denied, despite your physician's/physicians medical reports recommending that you receive Voc. retraining. And your nightmare has begun and will go on for years--no matter your age, injury, actual needs, etc.

    So here is how you MUST be CAREFUL: Immediately file for your TTD benefits (you have about 2 yrs. worth in most states during your recovery--I repeat--during your recovery period); YOU locate and choose your physicians (a neurosurgeon and an orthopedic physician even if surgery may not be used) at least don't continue beyond an emergency appointment with one they send you to, also get a second opinion from another you choose even if the first one acts in your favor, you'll be glad later; DO NOT only see an Orthopedic physician--if you are experiencing continuing pain/limitations see a Neurosurgeon, get nerve conduction studies and muscle function tests documented; avoid a return to same work environment even on "light duty" and discuss this with your trusted physician siting your realistic fear of future "safety-reinjury" during your recovery, etc.; Beware of epidural injections, challenge them with this info and tell them this is against drug manufacturer label warnings and use guidelines and not approved by the FDA for such use i.e. intrathecal and/or epidural)--"will not take that risk" (see Pharmacia-Upjohn, Depo Medrol, label warnings, etc.); AVOID any PPI-impairment rating while receiveing/using those epidural injections (if you must) or ANY pain medication, even over-the-counter--you are still suffering the effects of a spine injury and are entitled to rest and recover--but do so; hold off on applying for Unemployment benefits--UNTIL AFTER you have had a reasonable recovery period and then fully understand your entitlement FIRST to benefits under your Wk. Comp. for a spine/cord injury. This is quite serious.

    Too often these state agencies believe (or say they do) that by limiting or denying your benefits claim they are simply protecting the businesses and doing the "greater good" to "protect" the employment of the many, often by sacraficing the futures of "the few".

    That is a phoney explanation in that it assumes that by compensating the truly injured--their stated mission and reason employers pay coverage premiums--they may "harm" the financial well-being of a company. This is a BIG and sinister-PRO INSURANCE LOBBY lie and that is who they are really paid to protect. Consequently their hopes and efforts are directed at "creating"--building--their own slyly devised "evidence" picture of you, as having "minimal impairment" and/or having quickly "recovered" so they can "dispose" of your case. Ask yourself why else would they promote and bank on the use of long lasting epidural anesthesia/anti-inflammatory agent (Depo Medrol, actually Methylprednislone and usually pushed at you for 3 injections per year--each year--dangerous to you in more ways than one so says even the Manufacturer) knowing that when you have to stop these that your actual impairment level will ONLY THEN gradually become apparent. Its sad that way too often by then they are through "settling" with you. And now you alone have the financial woes and may have lost a career and/or profession. You must realize that these steps are utilized solely to facilitate each of their next moves. Also their goal and hope is always to claim that the temporary relief you may have will "show" that you are suddenly "OK" and have no reason to claim any further benefits. Remember you don't have to work with them that way---AND against your own future physical and financial well-being.

    I have a Bachelor's of Science Degree and am a board certified rehabilitation therapist professional who has worked in both physical medicine and mental health settings. And I have worked also as a licensed diagnostic radiologic technologist for a combined total of nearly 25 years. I have worked with many injured workers, seen them denied benefits and mistreated through processes and a system designed to protect the insurance underwriters. There is no other rational explanation I'm afraid.

    I further suggest that anyone who doubts these facts/claims first do a little internet researching and simply take them up with the related individuals in their own cases--I'm confident that you will realize you are on to something. I sincerely hope this helps many. avoid nightmares. And just remember that you are not the "evil one" you're just dealing with them.

  6. #6
    gemini Guest

    Default

    isn't that the truth ,i have been told i was confused ,just take advil for the pain ,treating so called dr claims i am fine and doing well in his notes had 3 ime's to relating to the first injury cts and one stating rsd .had 3 days of therapy but had to discontinue because of dr refusal to provide pain meds . he claims that he didnt want me addicted to hard narcartics but in his report he claims i am fine and doing well .now they are forcing me to settle my claim ,my attorney quit and told the courts that i fired him . just one nightmare after another ...........

  7. #7
    pt Guest

    Default

    Wayne,

    Thank you for the invaluable, insights.

    The information that you've provided offers me a more clear; and better understanding as to the reasoning behind my PTP/NS's explanation, and personal decision to NOT utilize "Epidural's" in ANY of his RX'd, treatment plans. Your post has certainly echoed many of his own, related thoughts.

    Thanks again, for providing this extremely important information to IW's.


    PT

  8. #8
    pt Guest

    Default

    Gemini,

    I am both sorry and mystified - that your WC problems, would continue to worsen - and to such a degree.

    PT

  9. #9
    gemini Guest

    Default

    thank you PT ,but this is just the beginning i will settle when i is properly diagnoised until then <FONT COLOR="ff0000">••••</FONT> can freeze over before i will .my x-attorney has alot to answer too .....

  10. #10
    pt Guest

    Default

    Gemini,

    Is there any documentation to verify your former Attorney&#39;s assertion, that you dismissed him ?

    The Court requires documentation - or does it really matter in Florida ?

    If he &#34;quit&#34; on you - wouldn&#39;t there some form of recourse, that you could pursue ? But then again....does it really matter in Florida ?

    L
    O
    L !!


    Good luck to you, Gemini.


    PT

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