Workers' Compensation Discussion Forums

Hi Folks, I have a big issue here and I can't find answers from anyone.

Okay to start with, I live in Kansas. I am a 35 year old male. My occupation is within construction.

Wednesday 5/8/08. I had a slip and fall accident and somewhat caught myself with my right hand. I could tell it was broken and did not have the clearance to have it looked at until the following Monday. The impact broke my scaphoid bone in my wrist. A "scaphoid non-union" is what they have labeled it. Anyhow, I went to the Workman's Comp referred Doctor... He diagnosed it... Then he cast it. He then scheduled for me to see him again in 6-7 weeks. I went back to work and my employer explained he had nothing for me to do and only return when I can swing a hammer again. He then picked up the phone in front of me and dialed the workmans comp insurance in which I was having to claim. He spoke with my adjuster and explained the situation to her and said he had a full administration staff and I was just wasting his money and time being there if I wasn't doing my normal duties. The adjuster explained to him that they would prefer that I stay however they see his point and to send me home until recovery. When I returned to the Doctor's office he discovers the wrist did not heal. He immediately speaks of surgery which required a bone graft from my hip as a donor site and says he has performed one, maybe two of these surgeries to date. He wanted to see if being in a full-time 24 hour wrist brace would show improvement. Of course it didn't. At that point I was severely hesitant on letting this Doctor perform my surgery. And asked my Workman's Comp contact if I could see someone else for a second opinion. They then transferred me over to another Doctor, which I felt completely comfortable with. I had several appointments with him and at the end of ALL of them he would try to send me back to work (With MAJOR Restrictions) and I would remind him the my employer does not want me until I can swing a hammer once more. This was in late October of 2008. I finally had my surgery December 5th of 2008. Before I recovered from being under, he spoke with my fiance and and said the surgery went well however the bone inside of my wrist was very soft and he wasn't sure this would fix the problem but explained time would tell and that this could take up to two years to fully heal before we would know if any further action would be required. A couple weeks after my surgery he said he could return me to light duty to my employer and I explained once again my employer situation. This has been going on and on and on since I have started seeing this Doctor. This is June and I am STILL only at a 10 weight limit.

Now I saw this doctor on May 11th and he told me that this bone is not going to heal. He explained how the bone would have to be removed and it was my choice.... do it now or do it once the pain is too intense. He apparently released me back to work with my employer having a 10 lb weight limit. He didn't tell me I was released.. but rather I found out only when my benefit checks stopped coming to me. He explained to me that I had a choice to make. I went home and took the weekend to think this over. I decided I want it done now. So I call to schedule this with him.... Now all of a sudden he wants to have a consultation before we schedule "pre-op". Fine. At this consultation, he changes everything he originally said and explains that it would be best to leave it alone until I couldn't stand the pain any longer. He asked if I would at least think it over. He stated that if I still wanted to do it he would no longer ask any questions and just do it. Again... I take the weekend and again decided to go with my original gut instinct and schedule surgery. I didn't know which side of him was telling me the truth. So I call back to schedule "pre-op" and half way through they stop and say Worker's Comp Insurance wants me to have a Second Opinion on whether or not this surgery is recommended.

Now you know my history... Here is where I am at now.

I have been released to work. 10lb weight restriction. I call my employer, I tell him I am calling him because I have apparently been released to work with restrictions. He AGAIN tells me he has nothing for me. Then proceeded to tell me he would have to contact his insurance on what step to take at this point. He said he would have to find out if it was legal to not let me come back to work.This was on a Monday. He wanted me to call him back either Wednesday or Friday. I called Wed. Thurs. Friday.... no answer. I left voicemails for him to return my call nothing. I called my attorney to let them know what happened... they tell me to call him every couple of days. Bottom line, I have called this man every other day for the last 3 weeks. Again, no answer no response... NOTHING. My attorney keeps talking about some court date against the insurance company being held in front of a workmans comp judge and that there is nothing they can do until this date. The workmans comp adjuster wont talk to me now because I recently got this attorney. The only thing she would tell me is that my weekly benefits have ceased because the Doctor has released me now. I AM COMPLETELY IN THE DARK HERE.

Here is my questions.

#1 Is it legal for my employer to not even reply to me? If he could put me to work...great! I would at least be able to feed my family. If he officially laid me off... cool...whatever... at least I could claim unemployment... SOMETHING TO BRING IN MONEY. But the way it stands... I can't go back to my employer, I can't file for any assistance or unemployment, I can't go find a different job because lets face it... who wants to hire a man that has a 10lb weight restriction and a broken wrist? My hands are completely tied and to be honest I feel as if I am totally being raked over the coals here.

#2 What should I expect from my attorney from this hearing? Will anything be accomplished? Will a judge issue an immediate reinstatement of my benefits?

I am a single father of two boys. I have a mortgage which is now a month (about to be two months) behind. I am having to sell all my personal belongings to keep the utilities on. And I have no answers as to how this is right. How is this legal? Where are the workers rights in all this?


I am losing everything... but hey, at least I have a hearing date.


Sorry if I have shared my burdens with you folks but I am desperately needing to understand this.

Any insight would be greatly appreciated!

~[/color]Aaron

...I am so sorry you are going through this. Your story reads like most of ours. You do need that attorney. With all going on I don't see how anything will comes to blows without a hearing. Employers and IC's do what they want at times, temporarily until an attorney enters into it or a Judge makes a decision. WC is a long drawn out system that generally has to be fought by the IW> Not to say all cases are bad but it seems most are. Go wherever you can go for aid. Welfare, churches, etc. No one will talk to you now since you have an attorney. That's the way it is. To answer your two questions, there is no legal/non-legal aspect of you employer answering your calls, this is a stall tactic and as far as a Judge making an immediate decision it could/could not happen. Best of luck.

Welcome Aaron to hell on earth...First off Bummer knees is from your state so she can help you with state questions about Regs....she is also a wealth of info on different programs geared to help children in your state.....Next you have to bite the bullet and call your morgage co and anyone you have a loan with and let them know what is going on.......most of them will work with you to help out and keep you current and some you may have disabilty insurance on to make those payments that you didnt know of thats always a blessing........check to see if you are able to get foodstamps and utility assistance thru your state or federal programs....many churches also help with utilities and food....Call your congressman this is a proactive thing on your part you can do your post above is quite detailed send a copy of it to your state congressman and Representitives...asking for thier help in getting your benefits started so you dont become homeless while you wait.......send also a letter from your doc or copies of your med records with this so they dont have to wait till they hear back from your doc.....You will be amazed at just knowing that your congressman is on board and asking questions puts a fire in the IC as they dont like anyone looking over their shoulders......And most important get a copy of all your med records so far and get copies of new visits and keep them with you....when you are sent to another doc another make a copy of them and take them with you......I always have a copy with me even tho I have settled just in case of a car accident so any ER doc has up to dates on me...now is also the time to take stock of what is most important to you and get rid of everthing else....
Now as I was also in the giving part of the charity business....do not go to any place asking for help smelling of cigs or alcohol or carring a cell phone....we always used a point system to help people and those 3 things take away from you...being clean and sober always helps and telling the truth....take your post above it is very to the point.....good luck and come back often this place is a god send....also try the off topics part it is a place to laugh and make friends that understand what you are going thru.....as you most likely have found all your old friends have disappeared.......again welcome we love it here

Welcome Aaron and WOW Jayne!!! What a great response you gave him. It was my understanding ( in my own case) that if the Dr. returned you with restrictions, and the employer refused to accomidate those restrictions that benefits would continue. I know what you are feeling about at least having a hearing date, been there, it can't come soon enough. Jayne is right about seeking help from utility companies and anywhere else you can get it, and don't be ashamed or embarassed to ask for help, once you enter workers comp you need all the financial help you can get. This forum provides a wealth of knowledge and understanding, and as Jayne said, check out the Off Topic section for some good laughs. Good luck with everything.

Hi Driven and Welcome!! You have done Very Well with Your Case so Far, You seem on top of things, and keeping Good Records! I'm not from Your State, but Possibly when You Attend Your Hearing, Your Attorney could Request an Expedited Decision, as Your a Single Parent of 2, and Your Mortgage is in the Rears! Believe it or not, Some of the Judges Actually Have a Heart, and Respond Quickly when they know the Situation is Dire!! Listen, I'm down to 3 Rifles and 2 Hand Guns from a Collection of about 35, down to 1 Vehicle 13 Years Old, and only the Basic Tools it takes to keep a House in Order. My Beloved '82 Kawasaki 1300 6cyl. Motorcycle is Gone, as is My Knife and Sword Collection. I have been through Bankruptcy and Luckily Emerged out the Other End with My Home at Least! I'm 5 Years in, and from what I Read Your Employers Ins. Co. Probably told them not to Speak with You, because Both Sides have Attorneys now. I was 42 when Injured, 47 Now, and My Parents have been a God Send trying to Help Me. Hang in there, from what I've Read in Your Thread You Seem to have a Very Good Chance of getting Your Payments Re-Instated, and Hopefully they May have to Pay a Penalty and Interest for Holding Your Money this Long!! My Very Best to You, and Please Keep Us Updated!!

And Jayne Dear, that was Probably One of the Best Posts I've ever seen You Write!!

WOW.... Thank you everyone. You all commend Jayne on her comment and I agree. However I think you are all selling yourselves short. Those were all very impacting, sincere, helpful and motivating replies. You would not believe how moved I am by them. For once it feels incredible to know I am not alone in all this and sadly there are people in this world that have gone through or are going through the same exact thing.

I am off to get a list of my previous appointments to possibly get some mileage paid back to me.

I will respond more this evening after I return.

Again Thanks From The Bottom Of My Heart.

~Aaron

Why wouldn't the surgeon perform a surgery using a new bone from the hip, and place a Herbert screw and get you back to work" Performing anything else like removing of the bone will cause lost in wrist motion.

You need to seek out, a highly trained wrist and hand surgeon. You can be fixed.

http://www.wheelessonline.com/ortho/herb...aphoid_frx

They have already taken a bone from the hip and screwed it together with part of the existing scaphoid to form a bone graft. I have little to no blood flow to the lower pole and it is basicly dying.

I have talked with my attorney today, but I hope to share more about that tomorrow.

Thanks Again Everyone,

~Driven

Welcome to the forum!

I also am from Kansas, the Wichita area.

1. If you would post the area of the state you are from it would help in assisting you with locating resources.

The first place I would start with your search for help is your local SRS office, problem with them is it takes time to process an application for assistance.

For utilities assistance check your your local churches and Red Cross.

In Kansas if you have any work restrictions you do not qualify for unemployment.

2. In the Wichita area once a hearing is scheduled it's about 5 weeks before the court date. Your attorney needs to file for reinstatement of TTD payments.

Bad Boy is correct is saying you need a highly trained hand surgeon.
I had surgery last week of the left hand, carpal tunnel.

I was going to an ortho of my own choice for treatment of the hand.
Once I saw my primary care physican he stressed the importance of seeing a skilled hand surgeon and I was referred to one. I had surgery 7 days after the appointment!

Good luck and please post the area of the state you are from.