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  1. #1
    Join Date
    Feb 2010
    Posts
    5

    Default Wyoming Workers Comp Claim

    HI! My husband got hurt at work in 2009 and was taken to the hospital and a workers comp case was opened. He got better after a week and returned to work. A few months later he was at home putting on a sock and hurt his back again. I took him to the hospital and gave them our insurance information. The doctor at the ER said it was related to the original w/c claim but I wasn't sure and didn't want to cause any problems so just billed our insurance. About a month ago, he was at work, and his back flared up again. His work was funny about it and told him to take some sick days. The doctor said it was definitely related to the 1st injury and should be covered under workers comp. They had me call the w/c adjuster and the guy was a bit of a jerk about it. He told me he wasn't sure it would be covered under the 1st injury and that my husbands work said it happened at home and not at work. The doctor told me not to worry about it because he would state it was all related to the first work-related injury. How or when will we know if they are going to cover it under workers comp?

    Also, he went back to work on "light duty" and they told him he can work until Saturday and then he has to take a mandatory 2 weeks off and he should file for unemployment? The doctor said in his report that he has a 3-4 week recovery time and his work said they want him to rest and not re injure his back. Isn't it weird they want him to work through Saturday and then take 2 weeks off? If they are so worried then why have him work for 3 days then take the mandatory time off and collect unemployment?

    Is it wise to get a lawyer? All we want is for his back to get better and return to his regular job. I do not want to cause problems by getting an attorney but we also cannot afford for him to loose his job or be crippled up for life.

    Any ideas? Thanks!

  2. #2
    Join Date
    Jul 2008
    Location
    ca
    Posts
    857

    Default Re: Wyoming Workers Comp Claim

    I would not use unemployment. It would not hurt to talk to an attorney, it wont cost you anything up front. Just make sure they only do work comp, and only work for applicant side, not for insurance companies.
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  3. #3
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    310

    Default Re: Wyoming Workers Comp Claim

    It sounds to your employer is trying to get out of the claim. They try to act nice and have you use group ins and use all YOUR earned sick/vac days to cure the problem.
    Don't be afraid to talk to a wc attorney. It seems the adjuster starting to give you problems already.
    Did your Dr take any MRI or Myelograms pictures? X-rays really don't tell you that much.
    Here is a help site: wydoe.state.wy.us/doe.asp?ID=78

  4. #4
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Wyoming Workers Comp Claim

    Thanks for the replies. I checked out the unemployment website and how we would apply for it. They ask a bunch of questions asking if you can work. We would have to answer that "no" because the doctor put him on light duty. From what I read on the website he would not be eligible for unemployment. I thought his doctor said that if he was off for more then a week it would be covered under workers comp?

    He has already used up all his sick and vacation days with his back injury.

    He had a MRI and the doc said it was a bulging disk at L-5. He had an epidural injection yesterday at that level and his doctor said "90% or better chance of him fully recovering in 3 weeks, with him resting and being on light duty for those 3 weeks.

    This is all very confusing for me and I am thinking maybe it is meant to be so confusing?

    Thanks

  5. #5
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    310

    Default Re: Wyoming Workers Comp Claim

    Yes, WC is very confusing and each state has different rules. That's way its beneficial to talk to a good WC attorney.
    If he's been off work 3 consecutive day or more, he can start receiving TTD payments. Light duty won't last long!
    Is this your Dr or is it there Dr that you have been seeing?
    Epidural injections help sometimes but usually considered a temporary fix.
    Is he experiencing any buttocks/leg pain or numbness?

  6. #6
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Wyoming Workers Comp Claim

    The doctor he is seeing is a doctor we picked.

    I guess my main question at this point is how do we know if this is covered under his original workers comp case? Do they send us a letter saying if it is accepted or denied? OR can I call the adjuster and ask him straight out what is going on?

  7. #7
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    310

    Default Re: Wyoming Workers Comp Claim

    Sorry hermie, just wait to see what your IC has to say. As you stated before, your adjuster is thinking "not". Yes, you can try to contact the adjuster to see whats going on. In time they will send you a letter. I waited 3 months for a denial letter.
    As you will soon find out, WC is a business and like any other business, they don't like given up money. That's why I would recommend to seek a good WC ATT,they know the law's and the IC little tricks.
    You stated the Dr at ER said it was related. What did you Dr say?
    Has the IC sent you to an IME?

  8. #8
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Wyoming Workers Comp Claim

    He hasn't been seen for an IME? Besides the initial injury where his work took him to a doctor, all other doctors he has seen we have picked. Every doctor has said it is all related to the first injury.

    His HR department is adamant that he has to take a mandatory 2 weeks off and collect unemployment starting Sunday. I called unemployment and they said if he is hurt and not job attached he is not eligible.

    I have called a few w/c attorneys and am waiting for a phone call back. We don't want to cause any problems by getting an attorney. His work is being so funny now I can only imagine what they will be like if we have an attorney. All we want is his back to get better so he can get back to his regular job.

  9. #9
    Join Date
    Jul 2008
    Location
    ca
    Posts
    857

    Default Re: Wyoming Workers Comp Claim

    Of course work is acting funny. They are afraid this is going to cost them money. CYA and hire an attorney. Your employer has attorneys on their side, get one on your side.

    Believe me, its a whole different ball game now that he was hurt. Hes just a number and a liability. He will no longer treated like a valued employee...

    Good Luck, CYA
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  10. #10
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Wyoming Workers Comp Claim

    Now my husbands work is telling him he is not eligible for workers comp since he has not been there a year? Has anyone heard of that? It really doesn't make sense since when he initially got hurt they opened a w/c case.

    My husband told his HR department that he was not eligible for unemployment since he is hurt and not job attached. He told them his doctor suggested he go on TTD and that is when his work sorta flipped out. Do you have to be employed for a year to receive TTD?

    All this for a "3-4 week recovery time" given by the doctor. I do not understand why his work is being so funny about 3 lousy weeks. They asked him to make a list of jobs he can do while being on light duty. The doctor had already provided this list. They said they would have a meeting Monday and let them know what they decide.

    I talked to one attorney and he said we do not need an attorney yet. He said when/if they deny us then we will need an attorney. I called another attorney and we have an appointment next Thursday and he would not give me any advise over the phone. I am a little worried that a lot can happen between now and next Thursday???????

    Thanks.

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