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  1. #1
    Join Date
    Jun 2011
    Posts
    15

    Default Worker's Comp Case Reopened

    i just re-opened my nj workers comp case for additional treatment for my lumbar and cervical problems. waiting to hear date for first appointment back. ok i am getting to the point soon, i always had bad sciatica pain in my left leg even after surgery that got my hobbling around trying not to put so much pressure on it for a few good years now. now what do you know my knee on my good leg goes out and after mri doctor says i got meniscus tear and need surgery. i am embarrassed to even ask my lawyer because i dont want to look greedy but do guys think this could fall under workers comp? thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Oppinions Wanted

    IF your Dr can make the connection of the knee to your lumbar/cervical spine injury, you could be covered as a ''compensable consequence''...however, if you have returned to work... it would be more likely to file a new claim for new injury... can't give a specific answer... as it would alll be based on medical evidence, and state law.

    i am embarrassed to even ask my lawyer because i dont want to look greedy but do guys think this could fall under workers comp?
    WC is about liability of your ER for industrial/occupational injury...not the EE/IW 's embarrassment... you are asking something that requires a legal opinion... what we think doesn't matter...or may be relative.
    Discuss this with your Dr, and atty.

  3. #3
    Join Date
    Jun 2011
    Posts
    15

    Default Re: Oppinions Wanted

    Quote Quoting BvIA View Post
    IF your Dr can make the connection of the knee to your lumbar/cervical spine injury, you could be covered as a ''compensable consequence''...however, if you have returned to work... it would be more likely to file a new claim for new injury... can't give a specific answer... as it would alll be based on medical evidence, and state law.

    WC is about liability of your ER for industrial/occupational injury...not the EE/IW 's embarrassment... you are asking something that requires a legal opinion... what we think doesn't matter...or may be relative.
    Discuss this with your Dr, and atty.
    thanks for the reply, i should add that i do not work and i am disabled by the state of pa.

  4. #4
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Oppinions Wanted

    Hey Big Joey,

    Just remember this Dr you are seeing for re examination of your prior back problems is also hand selected by the carrier/employer. As you may be aware this is a different "breed" of medical Dr. I think you will be fortunate if this Dr can connect your prior back issues with the ones you are having now!!!!!! You and everybody else knows that if you favor one leg over the other in time you will mess something up. Anyway this is what PT should have taught you in physical therapy?? Another well done job by WC care??

    ASK your lawyer because he may need to amend his motion for medial care as well as re evaluation for continued care. Dont worry about feeling greedy because even if you got EVERY possible WC benefit I think you will still feel short changed!!!!

    The state of Pa dept of Labor holds less proof or evidence of disability than does NJ State D.O.L. Until your case settles I believe only the NJ opinions will matter. However once your case settles and you are no longer in the NJ jurisdiction then the Pa State DOL opine will dictate your destiny. I hope you mean you live in Pa with a SSD determination of total disability as this will hold more weight in NJWC Court when your final hearing is settled.

    Good luck

    BUG

  5. #5
    Join Date
    Jul 2018
    Posts
    3

    Default Re: Oppinions Wanted

    Same is happening to me left leg always weakness but started to go to right leg Mri show hernited disc larger and causing nerve damage down right but bad leg gives out and fell numerous times which caused rotar cuff tear and surgery . They denied let Medicare pay to fix now just released and trying for SIF and additional permency. Long road to feel nowhere good luck

  6. #6
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Oppinions Wanted

    When I applied for SIF I saw maybe 2 orthos and 1 nero then about 15 shrinks, over a 2-3 yr period, my WC case had not settled due to the SIF application for total disability. I became to worry that all the shrinks were looking to say "Its all in my head" as they never found the real source of my pain until years after settlement my own pain Dr did using the films from WC. What they called a shadow was really a piece of disc the size of a thumbnail flaping and the edge of this flapping disc was cutting into a nerve. WC DX my with a herniated disc 3 levels higher??????? Anyway my point is its really not your DX that gets you total disability its how your injury impacts your future job opportunities. I have alot of educational entomology degree, and lots of experience in electrical occupations, aot services, even cooking, but my Dr limited my sitting,standing and walking to 15 mins at best. Thats alot of impairment for a herniated disc that rest for a short time will reduce the size of herniation of the disc. They herniate with heavy strain on the back but reduce in size over time, in any event herniated discs are a symptom of DDD. and that"CAN" brings on a host of suffering. The shrinks were looking for signs of inappropriate illness behavior and they were NJ'S best as the State hired them to eval me. I left most appt's almost in tears as sympathy was the last thing I was getting, not until the last Dr who had been watching my prior shrink exams and he tried a few tricks of his own & it didnt take him long to see my pain was real and he had y lay down. He also knew the 2 techs that replaced me both went down with back problems, then divided my route into 3 routes. He gave me his card and walked me out to my car and asked my girl to take care of me I will need that.

    Im sure they do all cases differently but my point is the State thoroughly vent each case so Im sure you will see for yourselves that the SIF is no rubber stamp due to a SSDI FINDING, though it is helpful to be found totally disabled and your in for some stress, but when you think of all the benefits you get over your lifetime its really a small price to pay for the totality of help u get just when you need it most.

    good luck fellow iw's

    BUG

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