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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default Case Worker Won't Return Calls

    My workers compensation claim was made in the State of: Montana

    I was injured at work back in july 2010, freak incident. Filed claim, etc. Went to a reg Dr. And he said to take a week off, week went by, nothing changed, I was in more pain, went back to same place, different dr. He also said take more time off, perscribed me some pain meds (barely helped).

    Was told to get a family Dr, he said same thing as others, just rest etc etc, so I did that. After that he told me to go back to work, I did, couldn't make it 3 hours before I was in excrutiating pain, low back and hip. Fast forward to gettin TTD. I have to go to PT 3 x a week for 2 weeks, they did stretches (hurt a lot) , do the electroshock thing, which made my pain a bit more bareable until a couple hours later to where it came back doubled. PT said I needed an xray, cuz I shouldn't be hurting that much. Finally get a x-ray in Oct or November, said I had a hairline fracture in my hip. Get told to rest etc... pain never goes away and I finally get an MRI.

    2 slipped discs, buldging discs, and degenerative pars, and some scotty dog bs. So by this time I have had loritabs, prednizone, backlofin (sp?), tramadol, lyrica, meloxicam, couple others, did the voltarin gel, and another gel. So my WC Dr. Wants to do steroid injection to the L4 L5 S1, I do it. Things slow down I get a nurse case worker. After my first injection during a followup she basically askin the dr. To release me back to work. No go, get injection #2, and 3, get ficet injections also. Go back to work light duty, many restrictions, so I jus sit and stand when sitting hurts &greet people.

    Do 2 more PT sets? 1-2 months each, nothing changes, I still hurt. Finally see a nuerosurgeon last week, and he basically said I'll need a spinal fusion in my future, but he won't do it b/c I'm only 25.. he recommended I do shots, and rest LOL (did he even read my files???). so during all this time I've been a wreck, I'm not finding help or relief, and feel like WC isn't doing anything, besides sending my $ late, and screweing me over for travel pay (have to drive 200miles roundtrip to my Dr. Only to have them minus 100 miles everytime. And go back to square one with the WC dr to find out wtf to do now.

    I've gotten in contact with a lawyer, but he won't touch the case b/c his wife works @ the place where I was injured. Just recently I received more $ than I should have in my PTD, didn't want to cash it, but needed my weeky PTD money to pay a bill, or could have gotten electric shut off. I still have the extra $, am not gonna spend it till I find something out. Now though, case worker nor nurse case worker will answer my calls, this is 5th day now I've tried.

    Please give me some advice? Ughh I'm so utterly lost, hurt, tired..... sorry if my post is long or has many errors, on a cell phone.

    Thanks again.[/EMAIL]
    Last edited by rain4eva; 04-06-2011 at 09:50 AM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Help, advice L4L5S1

    Help with MT WC is here http://erd.dli.mt.gov/workers-comp-c...ance-unit.html

    Find another attorney who will take the claim.
    Please contact one of our claims specialists:at the link above.

    Unfortunately when you are delayed/denied benefits, you need to litigate the issues in WC court.

    A. Whenever there is a dispute regarding benefit entitlement, a non-binding telephonic mediation conference can be held. Please refer to the Mediation Unit for additional information.
    Q. My benefit checks are not paid consistently and are often late. What can I do?A. Section 39-71-740, MCA. Contact your claims examiner for an explanation. You may also contact this office for assistance.
    There is no reason not to cash the benefits check. What information are you looking for ?
    The Travel Reimbursement Rule is here http://erd.dli.mt.gov/images/stories...rule013106.pdf, may provide the reason you are not receiving your full request for mileage paid.

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Help, advice L4L5S1

    That its some form of settlement. I've called 2 other lawyers also, they won't touch it. Looking for a way to get over this, I haven't had pain meds since sept of last year, and I feel I'm going crazy, I only get about 3-4 hours of sleep a night b/c of the pain. I've asked my dr. For meds but he jus brushes me off...

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Help, advice L4L5S1

    I know you feel you are providing lots of info here...but it's not enough to tell what your status, or situation may be.
    There is no guarantee of any settlement in WC. You are paid benefits...medical care, wage replacement when the Dr says you cannot work. Then PD indemnity based on the % of impairment once you have recovered/MMI.

    So..
    What is the status of your claim, and you at this point? Have you been declared MMI/Max Medical Improvement has been reached?
    What do the attys you have talked to say about the claim... why are they saying 'no thanks" to taking you on ?
    What does the letters say you are getting from the CA regarding your benefits ?

    What is your Dr saying when you visit for treatment?
    If there is a recommended treatment that will "cure or relieve from the effects of your injury/illness", and you decline, your benefits will stop. Not saying that is the case here...
    But continuing to Rx pain meds is not generally the accepted treatment for what you describe.
    Why are you treating with a Dr 100 miles R/T from your home ?
    Are you working now?
    Have you been to court for any disputed issues in your claim....?

    As you can see, there are lots of variables, as above, plus more probably, that contribute to providing benefits in a WC claim.
    Once/IF they have a dr report that says you no longer need treatment...it's not going to be provided. Unless/until you go to court. Yet again a variable in a claim.

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