Workers' Compensation Discussion Forums

Ok, what do I do now? Any words of encouragement or support is greatly appreciated. I was involved in a rear end collision about 9 months ago. Since I was traveling from one work location to another, it feel into workers comp. I suffered with injuries to the left knee, by entire back, my shoulders and my arms and my neck. I've been through three months of PT and I've been seeing an orthopeadic
specialist (that the case worker sent me to) since July. He has done two series of spinal injections (that didn't help) for the herniated discs in the L-4, L-5 and S-1 areas. Then, he wanted to do a discogram and CT scan. Well, the case worker stepped in and stopped that from happening. He told me I was going for an IME and he would find a doctor who would release me to go back to work. My doctor wouldn't release me, he stated I couldn't go back to work until he was finished with me. With the delays, the occassional numbness in my left arm is now constant and when I look down I get a funny vibration sensation that goes all the way down to my feet.

Well, the IME doc reported that the pain was nonanatomical (in other words, I am full of bull) and that according to the xrays and MRI, I suffer from degenerative disc disease and herniated discs, but it is
all preexisting. I have never been to a doctor for treatment of lower
back injuries and never (in eleven years) missed a day from work because of my back.
Now, I have received a copy of a "request to terminate benefits" that the ic lawyer sent to the Virginia Workers Comp Commission.
Their "evidence" is the report from the IME. They have cut off my weekly checks, my prescriptions and haven't allowed me to see my doctor since my last appointment in late Oct.
I simply cannot believe these people are allowed to treat us, the injured workers, the way they do. I wouldn't treat a stray dog the
way they treat me. And, for me, the deal breaker is knowing they have a lien on my personal injury case but don't want to pay for anything. I loved my job and was terminated after the twelve week FMLA ran out. How can they possibly think that I enjoy the pain, much less the isolation that I feel since I'm basically a prisoner in my own home? What is wrong with these people??
Oh, yeah, another piece of their "evidence" is statements that the rescue squad employees gave the ic. They stated that my car's only damage was broken tail light covers. In actuality, it totaled my car.
The frame was bent in over a foot. The driver of the other car was over twice the legal limit of intoxication and was carrying a trailer loaded down with furniture. But, the ic and the IME doc are calling
it a "low impact" accident. The last thing I remember about the accident was looking up in my rear view mirror and seeing that he was a good 10 car lengths behind me and wouldn't have any problem stopping like the rest of us were doing. The next thing I know, I'm pushing myself off of the steering wheel (the seat broke free) and someone's knocking on my window asking if I'm okay. He had hit me and pushed me into another vehicle in front of me.
And, yes, I have lawyer(s). One for the personal injury case, and a workers comp lawyer. With nothing but time on my hand, I was able to run searches and find plenty of info on the IME doc and sent it to my lawyers. It indicated that 90% of his work is IME's and court proceedings. And, he makes plenty of money doing them. And, he NEVER finds for the worker, always for the ic.
Okay, this is already too long! Any words of wisdom, encouragement?? Thanks!

I don't know if I'll have any words of wisdom for you but I have to ask why hasn't your attorney tried to stop this? I also had an IME say I was completely healed and immediately received notice that the IC wanted to stop my benefits. My attorney filed something (Limbo would know what it's called) and that stopped the IC from stopping them until we went to court. The Judge ruled in my behalf because the IME wasn't as credible as my DR. I ended up settled a couple of months later. Don't knowif it all works the same in VA. I'm in PA.

AS far as the rest of it goes, it is inhumane at times the way IW are treated. Sadly they don't care if your in pain or not. Are there photos of your car? With two attorney working on this I don't feel this should have happened. Your WC attorney should have done something to stop the IC from stopping your benefits.

I could be wrong but the feeling of numbness your having and the sensation that goes to your feet sounds like it could be a pinched nerve in the cervical area.

hello buddy i know just how you feel but dont be alarmed this is just what ic doctors do if you had one leg they would convince you that you had 2 remember who they work for keep your cool and get your attorney involved he can apply for a exspediated hearing claiming hardship thats what my guy did it took 4 weeks but the judge ruled in my favour so just hang in there and use this site there are some smart cookies on here good luck and god bless

I had always thought that when any Doctor uses the Medical Term (non-anatomical), is that they as a Doctor perform Indexing of body parts.

Now it's only my Opinion, but I had always thought the Term (anatomical) referred to body parts such as Organs, Tissues, Muscles, and Viens. Whereas (anatomy) pertains to the full body.

I think the Doctor is full of Bull, and surely you can also obtain a second Medical Opinion from a NeuroSurgeon, to back up your medical case.

Now, I truely hope you and or your Attorney have Pictures of the Car / Truck you were in after it was hit, to prove damege and impact?

It be nice to know what your Attorney is saying about this, and what are they going to do, to try and help?

feelinscrewed
I'm so sorry to hear of all your troubles, it's bad enough to be injured and in pain and they pull that on a person. It would be like me telling my son -- oopps sorry son you were supposed to be doing homework but instead you slipped down the stairs. Nope dad is not taking you in to hospitol to get care for that broken leg and arm lets just tape it up and take tylenol. Well we would all be in jail if we acted like that but it's ok for them. I say we round up all the bad apples and give them exlax and lock them up together with no toilet.

I wish you well and this turns around good for you........Good Luck.

I really feel for you, as I have one of those IC claims rep from hell!

What did your AUTO insurance have to say about this accident? They must have records of the damages and the totaling of your car, also the police reports would have pertinent info as well. (How much $ did they/IC pay those rescue guys?)

The people on here are great, good support and excellent advice!

Good luck to you, will follow your thread to see how you make out.

I just want to thank each and every one of you for your responses and concern. I knew I could count on you! I've spent some (more) time on the computer searching through VA.'s policies and procedures pertaining to different scenerios involving workers comp. It appears that VA is one of those states that only allows continued payments while awaiting the outcome of a hearing in the instances of a threat of foreclosure on your house, being homeless or the threat of losing the vehicle that transports you back and forth from doctor's visits. I'm quite certain that my case worker must've known this since he is the spiteful, hateful little man that he is. But, I go for a dr.'s visit with my primary care doc tomorrow and I'm going to get her to send me an offical letter stating I'm temporarily disabled to be attached to any withdrawals I might have to make out of my 401K to live off of. Supposedly with the letter I won't have to pay penalties for early withdrawal.
As far as the condition of the wrecked vehicle, to look at the exterior pictures you wouldn't think there was much damage. Luckily for me, my brother bought the car from me after I bought it from the insurance company. My lawyer is sending an investigator over to look at the frame damage and anything else he might be able to find and take pictures and do a report on what he finds. I read somewhere on the internet that sometime in the early 1990's they started making cars bumpers able to stand up more to rear end collisions. The article also said that in turn it caused the drivers/passengers to absorb more of the impact. The insurance company totaled the car.
As far as the rescue squad workers giving a statement to the workers comp case worker should be considered unethical and irresponsible. They were incompentent in the fact that they "forgot" to bring along the neck collar in the case of a whiplash. And, I can't figure out how they are "stuck" being rescue squad workers with all the intelligence that they exhibit. But, I believe in karma, so whatever.
All I can do now is sit and wait and pray. I couldn't find out any information on how long a wait it is for a hearing, so I guess I'll just wait for the notice. I will be calling my workers comp lawyer tomorrow to see what his plan of action is. If I don't like his line of thinking, well then we'll either have to hash it over until I do like it or I'll have to hire another attorney. I would love to just put this all on the back burner until after next weekend since it's my birthday and I would rather not have to deal with any of this crap until afterwards. But, this isn't Disneyland, is it?? But, again, please let me thank each and every one of you for your outpooring of concern and ideas! It's nice having people to talk to that are in the same boat as you! I have a terrific group of friends and my family has been awesome through all of this, but it's just not the same as someone that's either been through it or is going through it. I hope this will lead to many more conversations in the future! God bless each and every one of you!!