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  1. #1
    Join Date
    May 2015
    Posts
    1

    Default Workplace Injury Wrongly Attributed to a Pre-Existing Condition

    Hello Everyone,

    I was injured on the job last October (2014) while working within the scope of my duties. The incident was a stupid fluke, but resulted in significant damage to my shoulder. At the time of the injury I was working in extreme rural Alaska. I reported the injury within 3 days and there was a village clinic, but they couldn't even give me basic medications. At first I believed it would get better and gutted it through the next two weeks. After two weeks I realized that it was getting continually worse, the arm was popping out of socket, and I my immediate supervisor would not let me leave for medical care. She stated that there were several site visits scheduled and these took precedence. Due to the nature of my occupation I could be charged with abandonment if I left without permission and I could not risk losing my license.

    After another month I was finally allowed to leave and sought medical care with the VA. My provider sent me for imaging and it was determined that I needed a SLAP and Bankart repairs, they suggested a doctor and I went to see him. The next was a flurry of activity and I had the surgery within 2 weeks. When the surgery was over the doctor told me to be careful, because it had been a very complex operation and there wasn't much left to repair if I were to damage it during recovery. I followed the doctor's orders and recommendations. After 6 weeks I began physical therapy, mostly ROM for the first four weeks. While the ROM improved somewhat, the intensity of the pain kept increasing. I went to see the doctor after a few weeks and complained about the pain and he said it was normal and to tell the PT to ease up a bit. I went through another month and a half and the pain did not abate. I went to the doctor again and he told me I was working it too hard again.

    After a few very painful days, I had run out of painkillers, I finally went to see another doctor and he ordered new imagery. After looking at the images he said the last doctor had not removed the old bone spurs after realigning the bones in my shoulder and that these were tearing the soft tissues in the shoulder and said that I needed another surgery. During this wait the WC folks wanted me to be seen by their Independent Medical Examiner, what a joke. The guy was a bought and paid for WC doctor. His findings were that the injury was a result of past traumas. I have had shoulder problems a couple of times in the past, hell I'm 50 years old. Who hasn't had a shoulder issue at that age? I did hurt it on the job for Lowes, but it got better after a couple of months. I went to the VA and they suggested acupuncture and it worked. No one ever suggested surgery and they didn't even do PT except the ROM intake, it was just massage and acupuncture.

    A couple of weeks after seeing the WC quack he sent out a letter and WC cut me off, totally and completely claiming it was a pre-existing condition and not their responsibility. This happened one week before I was scheduled to have corrective surgery. I freaked out, I've done chronic pain with no end in sight after a back injury. I had to fight over a year to get that surgery and knew I couldn't go on without help. I retained a highly-recommended attorney in hopes that he could force the issue. Unfortunately he told me it would take at least a year to litigate.

    That was more time than I had in me and I started putting Plan B into motion. Pain can make you crazy and illogical and I had already been in crazyville for 7 months and now I had no job, no money, no corrective surgery, and no hope. I committed suicide two days after getting the news about my benefits being cancelled. I say committed suicide because I had no intention of living... it was just a fluke of luck that someone found me before I had finished bleeding out and I was rushed to the hospital for surgery.

    I survived, and now have a paralyzed hand to go with the botched shoulder. Fortunately it looks as thought the VA will pick up the bill for shoulder and now I have counseling and psychiatric medications, oh joy. However, it seems that everyone has forgotten what the true trigger was, the chronic pain and hopelessness.

    I need advice.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,035

    Default Re: Wounded and Scared

    Wounded & Scared
    However, it seems that everyone has forgotten what the true trigger was, the chronic pain and hopelessness.
    Why's it so important what others think?
    The only thing that matters is what you think and your attitude.- to hell with people.
    It's not important now what triggered the event, you made it and you're getting the help you need - focus on the future, don’t look back.

    To make a long story short, those pain killers will drive you crazy faster than the pain and hopelessness.
    Although you may or may not want to admit it, I bet they had more to do with the suicide attempt than anything else.
    You can't deal with life when you're walking around higher than hell - it distorts reality and exaggerates the feelings of hopelessness.

    At this point listen to your attorney, stick with the counseling and psychiatric medications - try to avoid pain killers, booze, wild women or anything than can alter reality.
    It will take time, your state is the worst in the nation when it comes to Worker Compensation but you will prevail in the end.

    For now take it one day at a time, be truthful with yourself and keep faith - be patient!!
    This is your fight - only you can win it, what others think or do is irrelevant,

    Keep Up The Fight!
    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
    Feb 2015
    Location
    Alaska
    Posts
    9

    Default Re: Wounded and Scared

    I am going through the same thing! Saw one of the Workman's Comp "Doctors for Sale", in Oregon....I know your frustration, it's feel's like people are waiting till you are weak and in alot of pain...then spitting on you, when you hurt the most. I told my husband I wish this ignorant IME Doctor, could hurt the way I do for 1 weelk!!!!He would roll up in a ball and pee over himself! LOL Sorry, you have to have a sence of humor...and a good attorney. I am currently looking for a good attorney, near Anchorage. I have been told the Attorney you choose is super important! If I find someone...I will repost. I really feel for you, I had a "Doctor", say, all of my injuries were caused by things early in my life, even though there other Doctor they sent me to in Oregon, was honest and had integrity! They chose to go with the ignorant Doctor, and totally discount THERE other Doctor!!! It's very frustrating!!! ������ I read your post, and feel for you! keep us posted on how your doing!

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