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  1. #1
    Join Date
    Jun 2010

    Default Am I Missing Workers Compensation Benefits

    My workers compensation claim was made in the State of: Wisconsin
    In December of 2008 I was diagnosed with a neuropathy from a lifting injury at work. This resulted in my legs and arm going numb. My legs being very unstable I took a fall damaging my C4, C5 and C6. The C4 and C6 were fused with the C5 and replacement discs implanted as well.
    I was declared 20% PPD and was paid $54,000 in benefits.
    In 2013 my condition other than my C4, 5, and 6 remained the same. This was, I thought something that I just had to live with until my legs gave out at work resulting in a blood clot in my right calf. My workers comp carrier denied the claim and I was left to fend for myself. After a nearly a year of arguing with them they allowed me to see another neurologist. Long story short after a battery of tests and about 100 pin pricks to my arms, legs, feet and hands he concluded that I was missed diagnosed from the outset. I had never had a neuropathy but rather a myopathy and that as it was still there after 5 years it was in all likelihood permanent.
    Now, if I understand Wisconsin benefits correctly the C4, 5, and 6 fusions is an automatic 20% PPD, hence the $54,000 paid to me. These benefits would have been paid regardless of my myopathy.
    The good news is that between my primary doctor and the neurologist the carrier had to agree and pay my medical expenses.
    After having given this some thought for a while, my contention is, considering the myopathy, I am more than 20% disabled. Considering all the things I am no longer able to do because of my problem with balance alone I would think I am 40 to 50 percent PPD and should be seeking other benefits.
    I am wondering if anyone has any thought on this.
    Thanks in advance for your responses.

  2. #2
    Join Date
    Dec 2011

    Default Re: Am I Missing Benefits


    Your team of doctors are your best advocates. They would have to link your injury and conditions to your wc injury. It sounds as if they succeeded to some extent. Once they are accepted in your claim it can go forward with the rating process.

    All the best,

  3. #3
    Join Date
    Jun 2010

    Default Re: Am I Missing Benefits

    Thanks goingback,
    I appreciate the response. I have started the process of bringing my Neurologist and primary medical provider into the fold.
    Fingers crossed.

  4. #4
    Join Date
    Jun 2010

    Default Re: Am I Missing Benefits

    As an update, I have recently seen a Physical Health physician who has raised my percentage of disability an additional 5%. His information was sent to my WC carrier who in turn sent me yesterday to an examination by an independent physician. After only a few moments of conversation with that physician he told me that he was really not the correct type of doctor to make a call on my percentage. He thought they were sending me to see him because of my neck surgery, which is part of my claim and is what my 20% permanent disability is based on. He was unable to comment on the additional 5% awarded me because of my myopathy. My question now is how many "independent doctor" examinations must I endure. Can my WC carrier keep running me around to doctors until they get an answer that is financially beneficial to them and forcing me into the court system, or have they taken their shot and missed?

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