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maybe someone can help me.I'm living in california where my case is and this might be a little long i would love any opinions anyone can give or if you even heard of such things,ok here it goes th My workman's comp diary October 6th 2009

1.Date of injury was 3/14/2009.The boxes we use for catering fell on me from about 4-5 ft off a shelf on my back while I was looking in another box bent over looking for chicken tins to restock the carver station. There is a video of the incident. There are several camera's throughout the store and where the accident happened there is a camera

2.my first payment was 10 days late. 14 days after my injury was sent without my apartment # and was sent back and received by the adjuster's office on the 9th of April and sent to me after a call from my attorney by the 11th.My payments were delayed again APR 28 until the 11th but was not issued until the 15th with me and my lawyer at the time making phone calls to the adjuster extra day were paid but once again delayed. The reason given is they(my employer) were looking for modified duty for me and haven't heard from my store manager. Now I'm not being paid and it has been 4 months as of October 6th of this year.

3.my claim was accepted and yet I still face numerous denials for treatments and have been off work since march 16th until the present with the worst example being that a upper GI was scheduled as a follow up for to a appointment that was scheduled by a nurse case manager , that worked for Coventry workers comp services ,who scheduled the a appointment for me at Samson Clinic, Santa Barbara because she could not find one that accepted workman's comp closer. I went to the first visit with transportation was provided by the nurse case manager and authorized by the adjuster. While I was still was at the clinic everything to my knowledge was approved for the GI that was requested. The day before at 3:36 pm the transportation was not authorized ,the nurse called me and the transportation as well. I had do postpone the appointment with no time to replace that ride as it was close to 4:00 pm. I would like to state that in my opinion this was done at the very last moment as I made the appointment for the transportation the same day of th first visit so ample time was given for the adjuster's denial,was done with malice and could harm my health. Another example my shoulder surgery was requested in June 2 2009. as of October 6th 2009 still denied with physical therapy or not all conservative treatments were used. this is not true, by the time I even had a nurse case manager I had already had,physical therapy (5 out of 6 sessions) even before i had the first MRI and each time I complained of worsen pain in neck and burning in my shoulders. I had cortisone shot in both shoulders ,which made things worse, I'm taking my medications with little to no relief and in June Dr. stated my shoulders would not improve without the surgery I need in both shoulders which each one takes 6 months of rehab thats a year at the least to just get my shoulders back to some type of functioning capacity. This is shoulders alone. I feel their lethargic way of handling my case has made things worse I have gone back to PT (I have had at least one trip to the Er and cannot finish after 4 visits as well chiropractic 4 visits as well.

4.My TTD payments have been cut off since May 17 which I was not notified by mail because mysteriously all the notices were sent to a address that has no association with my case ever. As well as the reason for this is that modified work was available for me since may 19th 2009.which not only did my Dr. Did not want me to return and wrote to this fact on may 29,2009.Also another Dr also said I was temporarily totally disabled at least until 7/15/2009.as of this date no payments are being made to me. and I cannot return to work with the injuries I have

5.The adjuster has also repeatedly denied my pain psychological consult with pain psycologist to help me learn to deal with a non medication way to deal with the pain I suffer and because I have a previous condition. i think that is bias in every way. I was able to make it to work every day and was a manager in their store and was able to be a fully functioning person and now because I have a previous condition I'm denied treatments that could possibly help me and not even a part of my claim so I should be treated as any other injured worker. Once again I must state because of all this ongoing stress of pain and not be treated fairly in my opinion is taking a toll on my previous condition. I would like to know who did it benefit to send me back to pt again and it showed no signs of helping ,made things worse. Not me and only slowed down any progress that could have got me back to work. The Mir's showed I have significant damage and my claim was accepted.

5.my first epidural was approved september 23 2009 after at least 2 months of waiting for a approval.




6.Went to see PM doc on oct 8,2009 and he requested aquatic therepy for my back as well as adding ms contin .I went to get the script filled and the was told that my card had expired (this with the fact I was not sent a current one and me still having a open w/c comp case) and told pharmacist they would try to get it extended all that with me being without my medication possible until mon and not sure if they can do it period I would take this as a denial.

7.Also as of the 8th of october no word on my shoulder surgery.My appointment with dr. was on the 29th of september and the nurse case manager did speak with dr. .this would be the 3rd request if not more made for this surgery as I remain in this pain.I would like to file a complaint against the insurance adjuster.
you can file a complaint with the carrier about the adjuster. do it in writting and keep a copy.
you should also notify your employer of your problems with the carrier. They pay the premiums and have a lot more influence with them then you.
you can also file a complaint with the Division of Workers Compensation Audit unit.
the instructions are here
http://www.dir.ca.gov/dwc/Audcomp.pdf
send a copy to the claims manager.

1171 Wrote:
you can file a complaint with the carrier about the adjuster. do it in writting and keep a copy.
you should also notify your employer of your problems with the carrier. They pay the premiums and have a lot more influence with them then you.
you can also file a complaint with the Division of Workers Compensation Audit unit.
the instructions are here
http://www.dir.ca.gov/dwc/Audcomp.pdf
send a copy to the claims manager.

Thank you that kind what i was thinking. my lawyer paralegal told me we're at the point of expediated hearing.does anyone knows how long that usually take?

it depends on the workload of specific boards.
with furloughs probably 60 days from when the request was received.

1171 Wrote:
it depends on the workload of specific boards.
with furloughs probably 60 days from when the request was received.


yikes.I have a deposition on the 19th of this month,along with my ttd being cut off and non approval for my pain meds now they are giving me a hard time with a electric wheelchair.My dr wrote the script waiting for approval and i don't know how else to get one.Sorry i know it seem like a lot.i feel helpless and i'm not a helpless person.Before this injury i was a store manager and worked my a** off.Even i line for a promotion.to be treated like i'm faking even with all the MRI's showing all down my spine herniated and bulging disks as well as 2 shoulders both torn rotator cuff tears,which they are still denying after i went to pt again.once again thanks for ur advice,i know coming from you 1171 you know the what forSmile

1171, can they also file a complaint with CA Dept. of Insurance? I know in some States people can, and in others they can't.

There were recent Law Suits on medically denied, medical held up, and no proper reasoning behind it. I don't have a copy right now, maybe someone else does though.
Just how heavy were these boxes that fell on you? Was there anything in those boxes?

Bad Boy Bad Boy Wrote:
Just how heavy were these boxes that fell on you? Was there anything in those boxes?


15-20 lbs fell from 4-5 ft off top shelf.Like i stated before there is video.Impact caught my neck,back,shoulders.they are used for large catering orders and no nothing in them,but were bundle together and fell as a whole.

Bad Boy Bad Boy Wrote:
1171, can they also file a complaint with CA Dept. of Insurance? I know in some States people can, and in others they can't.

There were recent Law Suits on medically denied, medical held up, and no proper reasoning behind it. I don't have a copy right now, maybe someone else does though.


BB:
not any longer. california dept of Insurance eliminated work comp from it's complaint process as the comp court and the administrative agency (DWC)has similar or greater powers of control and enforcement.

Quote:
yikes.I have a deposition on the 19th of this month,along with my ttd being cut off and non approval for my pain meds now they are giving me a hard time with a electric wheelchair.My dr wrote the script waiting for approval and i don't know how else to get one.Sorry i know it seem like a lot.i feel helpless and i'm not a helpless person.Before this injury i was a store manager and worked my a** off.Even i line for a promotion.to be treated like i'm faking even with all the MRI's showing all down my spine herniated and bulging disks as well as 2 shoulders both torn rotator cuff tears,which they are still denying after i went to pt again.once again thanks for ur advice,i know coming from you 1171 you know the what forSmile


In my opinion:
the system is huge and can't "see" any one worker. the problems with out-of-control costs have overwhelmed social needs for many years now -- with no end in sight. it's not so much a work comp problem as one of a broken health care system. as large as it is, workers comp is just a small part of that catastropic Tsunami crashing over the country now.

P.S. make sure you apply for SDI if/when they stop TTD. you might be able to do it ahead of time so it'll be ready when/if it comes.

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