Workers' Compensation Discussion Forums

As most of you know, after this so called pain clinic rejected me, my claims manager is sending me to my ninth/tenth/eleventh IME's to close my claim. She scheduled me with an ortho/hand specialist, also with a neurologist and also with a pshyciatrist.

Lawyer's assistant talked to claims manager last week requesting several things, including a PCE, but all was denied. Claims manager keeps sending letters to my doctor trying to make him to release me back to work. She is bombarding him with letters, but denying payment for doctor's visit or any treatment or specialist what my doctor request.
My lawyer's assistant, who is pretty much taking care of my claim is very upset, saying this claims manager is the worst and now she doesn't seem to know what else to do.
She told me before, if IME panel releases me back to work, they can overrule my doctor's opinion and close my claim right away.

I need to know, what else can I do?
It just seems so unfair, not being able to get any treatment since 2006, w/c blaming all my problems either as pre-existing or not injury related. They are willing to pay at least $2500 for each IME's(my 11th is coming up in 2 1/2 year), so they can release me back to work, but not paying for any medical. They are willing to pay thousands for Vocational Rehab so they can release me back to same job where I got hurt, but not willing to pay for re-training.

So here I am, after 4 1/2 years in this system, still in pain, still not knowing what is wrong with my hands/arms/shoulders, without a job and pretty soon without any income, also.
I just don't understand, how can this happen? How can they just dump me back to the work force without any help trying to find me a job within my restriction? It looks like, they just keep paying for IME's and new vocational counselors until they get what they want..how can this happen? Why is my lawyer so helpless?

I don't know if someone has any answer, but I really need some good advice, so I can keep fighting as I am also very angry. Should I bother to write letters to my governor or senator? Should I wait until they close my claim and maybe consult a third lawyer? I was told many times, without good doctor's backup, I have no case. Since I have no money to pay for them, how am I suppose to get several doctor's backup?

Sorry I couldn't make it shorter, I am also wenting.

Thanks for reading.

Kat

Thanks Still,

The trouble is I do not have the money for second opinions and lawyer doesn't want to advance me the cost. He advanced one time and he lost the hearing on that one. I am still paying the cost on that, what they deduct $50 per month. Total cost was $1800.
You are right, lawyer should take care of all this, not the assistant, but many lawyer's here only go to court, rest of the job the paralegals do.
I will talk to them and I will also try to look for a new attorney. I think they don't see enough money out of my case, so they don't really try hard to fight for me.

Thanks again and you are right, this is just madness.

Kat

1st, I agree with needing a 1 on 1 w/ your lawyer. I have been dealing with my lawyer's asst. for about 3 years not (they know me well ). However, when I have a question that she does not know the answer to, or it is a subject that she knows that the lawyer will want to talk to me about...she will either call me back or set up an apnt. for me to call and speak w/ the lawyer. Also, I have send in a list of questions for my lawyer and asked her to call me at her earliest convenience, to discuss my questions and concerns. She seems to like this, as it allows her to prepare her answers ahead of time and it save time on the phone. So, ask for an appt. with the lawyer...because you have not seen him/her for a while and you have some questions that you would like to speak to him about. You do not need to tell the asst. what all the questions are...you are paying for the lawyer, not her assistant.

If they make it difficult for you to see the lawyer, I would take the next step and consider a new lawyer. But 1st, I would talk to some lawyers, on a consult basis only and tell them your situation and see if they would even be able to help or do anything different first. In some states, once you have a lawyer, a 2nd lawyer does not like coming into the case, especially at the end, because their pay will just be a smaller % of what the 1 lawyer will get. That’s not to say all lawyer won’t do it, you just need to go out there and talk to a few. The consults are free and when you hire a w/c lawyer, the state has a maximum % of what they can collect from your end settlement. You do not pay anything up front. Now some states they lawyers do make you pay for misc. fees such as filing, copying, faxing etc. So, you will want to check that out too.

Best of luck and keep us posted

I have one more question...all of you "old timers", when you go for a second opinion to fight IME's...do you pay for them or lawyer advances the fee? Or do you use your private health insurance, if any?

Ifoster, I talked to my lawyer about a month ago over the phone, he said we have to wait and see and go from there. Since than I found out, I was rejected by this so called pain clinic and I am scheduled for my next set of IME's. Claims manager keeps sending me for new IME's and lawyer said, she has the right to do that for every six months. I guess I have to wait again how IME's turn out and go from there. Neurologist scheduled to determine if I have RSD or not. Ortho/hand specialist to give new ratings and respond to voc counselor's job recommendations. The pshyciatrist...probably to say again, my depression is not related to injury or pain.

Thanks again for reading.

Kat

Thanks again for reading.

Kat

Still in Limbo,

What were you petitioning when your tests/doctor's visits were paid by w/c? Was it IME's findings?

Lawyer said we can protest IME findings but need to submit my own doctor's reports and I am supposed to pay for these(I can't).

Thanks again for your opinion/advise, you were the only one who let me know who paid for their doctor's tests/reports. I am so confused, I don't even know where to look for these guidelines in WA state. I wish there were more injured here from WA state to help each other on these issues and how to fight IME's.

Kat

Katie have you tried for SSDI? as they also will send you to docs on their dime to see if you are disabled

Yes, Jayne. Applied in summer of 2007, was evaluated by their pshyciatrist but not by any other specialist. This ssdi doc reported, my depression was due to chronic pain and he believed I was unemployable and recommended disability. I was denied anyway, appealed and was denied again.
I appealead again in Feb 2008, this time with lawyer and still waiting for hearing before the Alj judge. Was told by lawyer, waiting in my area is about two years. Recently lawyer sent letter advising me, waiting is about 11-14 months now. So I am still waiting.

Kat

Drat ,how do they expect people to live?