Workers' Compensation Discussion Forums

Ohio here,

Broke my ® foot 07/08, at work sustained (Fracture Right Fifth Metatarsal). Developed (L) foot sprain while being in aircast boot for 5 months.

This past June I attended an Industrial Hearing with my attorney. The hearing officer granted my L foot sprain add on, because of over-use. Hearing officer also granted Temporary Total. R foot claim was also granted. Appeal hearing is on Monday 8/3

The company attorney appealed both the R Fracture Foot and the L foot sprain claims, stating that he had additional information. The IC denied his appeal for the R Fracture Foot, but allowed the appeal for the L foot sprain to be heard again.

The company attorney finally posted his argument which I rec'd this past Friday. The company attorney wrote to the WC doctor and the WC response to the company attorney letter reads Quote "we are in receipt of your correspondence of June, 09, it would not be unlikely to expect a 54 year old female to present some early degenrative changes in her (L) foot as the cause of her symptoms. She indicated to us that she exercised alot before her injury. "Quote" I never said I exercised alot before my injury. My husband attends all my doctor appointments with me and he does not recall me making that statement either. The attorney has no evidence of medical reports that I saw a doctor before my fall, and I had excellent attendance so there is no record of me taking off from work. I saw a form on bwc where they did a 10 year background check and it blank, because I had no medical problems for I fell and broke my foot.[/color]

To sum up what the attorney is saying, I sprained my L foot by exercising, and then I went to work and fell and broke my R foot and because of my old age this is likely. Never mind that I was in a boot cast for 5 months and working everyday .

I am in need of some coaching on how to handle this type of trickery. Please someone talk me down. My attorney said he was not worried about my case, because it was pretty strong. It just makes me so mad that wc is willing to lie about people injuries so they don't have to pay. I am not going down without a fight.

you can file a complaint with the state bar for a breach of ethical behavior.

Thank you 1171 for your response. I don't understand (breach of ethical behavior) could you please explain a little more in detail for me please.

Thank you so much Limbo. Your advice is very much appreciated, I will talk to my attorney before the hearing tomorrow. I am feeling empowered with the excellent advice that I gotten from you all. I will post the outcome.

The ohio state bar website has information about lawyer ethics and how to file a complaint
http://www.ohiobar.org/Pages/staticPageV...ticleid=84

p.s.
you should put your state in your profile for easier reference.

Thanks 1171 for the lead, I will update my profile.

All your atty will do is point out that the fact that an x-ray shows degenerative changes is meaningless as there is no history of left foot injury prior to the injury to the right foot which made you walk differently because of the cast and therefore is what Ohio calls a Flow-Through condition;i.e. if not for the injury to the right foot there would be no injury from over use strain to the left foot. Therefore while it may be POSSIBLE that non-work factors are involved in the left foot injury, and recognizing that there is no scientific/medical association between imaging studies and patient symptoms, it is more likely PROBABLE that the altered gait due to the right foot injury has caused a flow through injury. In Ohio all you need to be is probable which is 51 % to establish causation.

Wow!!! Thank you Cycler, for your wisdom and advice. I have received awesome support from all of you, and it is so greatly appreciated. I feel well equip, and don't feel I am walking in blind and nervous. I will have a talk with my attorney tomorrow before going in to the hearing, to make sure we are on the same page. Again I will post to let everyone know how the hearing turned out.