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  1. #1
    Join Date
    Aug 2014
    Posts
    11

    Default Why Shouldn't You Look for a Job While on Worker's Comp

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

    Hey I Have Question I had an accident in January fell hard hit my back pretty bad went to the doc my boss sent me filled out work accident report gave it to the owner of the company I got better after a couple weeks got a full 40 week paycheck I didn't really think nothing of it went back to work with restrictions I told the doc they had been making me work outside of my restrictions after another week I was put back at full duty I started having a lot of numbness in my hands and bad shoulder pain around June and extreme low back pain I told my boss I needed to back to the doc he told me if I wanted to go to the doc to find another job so I went to the doc and didn't have a job called the office secretary to find out the work comp info to because the doc needed it for payment purposes. and then I found out that he never filed my accident report to the IC found payments were made through the company account. I even called the insurance co and they said they had nothing on file needed to call my boss to file the claim couldn't get any response. contacted a lawyer said he take my case after he sent request to my employer my boss filed the claim I did a deposition went to IME doc sent me in for lumbar MRI it came back normal I guess I don't have understand normal I get a lot is leg pain and numbness still in calf they prescribed me Norco and said all I have is bad sprain. they also sent me in for EMG/NCS for the upper extremity's it came back as chronic C7 Radicular symptoms mild and bi lateral carpel tunnel syndrome mild I guess what I am asking on that note he has not given any treatment recommendations for this back sprain and wrote in his report no further examination CTS just wear Splints when I sleep or when it hurts and now wants a cervical MRI to rule out cervical compression. I haven't worked in four months now I don't get TTD because I made a rash decision to go to the doc and now boss said I quit for other reasons. What I don't get is why my lawyer keeps telling me not to get a job but the IC doc basically keeps leaving his reports open with no restrictions I think I could work some where that is not so physically demanding the insurance co seems to be sending me for evaluations but it takes a long time for authorization to get them. Believe me I asked my lawyer time after time why I cant work some where else something about if I get another job they will say I got hurt at my new job. It just seems to me like my lawyer is keeping me off work for future gain on his end am I wrong on that or is how work comp works. I keep hearing about how bad IMEs are and I am worried its going to be another four months before they find what's causing my pain. Do I need to be more forceful with my lawyer for treatment. Any advice would be great got to figure out how to take care of my family. I really just want to get fixed The IME doc said in his first report that work accident is the prevailing cause of pain and symptoms. It seems like the IC company is more concerned about Proving that People cant get hurt at work.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: I Dont Understand Work Comp

    bucky27
    What I don't get is why my lawyer keeps telling me not to get a job but the IC doc basically keeps leaving his reports open with no restrictions
    Because it will complicate your case.
    The carrier will deny wage loss and claim this new job is exacerbating your condition.
    Also if this new job is beyond your restrictions you will jeopardize your claim
    Why work for a wage when you're entitled to wage loss payments?
    Use this time to relax and heal, work can wait.
    You have everything to lose and nothing to gain by breaking your restrictions or finding a new job at this time.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Aug 2014
    Posts
    11

    Default Re: I Dont Understand Work Comp

    thanks its just frustrating its like there trying to ruin my life

  4. #4
    Join Date
    Oct 2011
    Posts
    157

    Default Re: I Dont Understand Work Comp

    The IC's try to ruin all the injureds lives, it's a game, and they are paid to save the company/state money, and, it gets worse, just listen to what your attorney tells you.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,748

    Default Re: I Dont Understand Work Comp

    You are entitled to an explanation from your attorney as to why he is giving you that particular advice. Ask for it.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  6. #6
    Join Date
    Aug 2014
    Posts
    11

    Default Re: I Dont Understand Work Comp

    I guess were going to court preliminary hearing next friday again this is the third time he has filed one twice we didn't go because they got the medical test I needed. seems like when they send a request to the other att to get treatment approved that there doc asked for the ime doc then they scramble to get an appointment set right before court and then we probably wont go again and then sometime next week I will get that cervical mri that the ime doc asked for two weeks ago . is this normal

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