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vocational rehab. post two level fusion - slapshot53 - 05-17-2008 11:27 AM
i had a two level fusion 9 mos ago, my F.C E states light duty...just received a presription for vocational rehab. does anyone think if it is better to get my own v. rehab or go with the insurance companies program? any info would help me.... i am55 now,did mostly manual ,heavy lifting and those days are gone.....i just took my f.c.e. a few months ago, and now hurt my knee doing so and now need a knee replacement ... everything seems to be geeting wotrse, but i still get my ttd check (in Illinois) and they have to pay me maintenance while i vocational rehab. but i do not know for how long and i am pissed off at my attorney.. any suggestions. examplws would greatly be appreciatedand i also know i am resolved to light duty the rest of my life and realistically appear in a very grim sitiuation.. thanks.....
RE: vocational rehab. post two level fusion - 1171 - 05-17-2008 12:06 PM
Do it on your own if work comp will pay for it.
generally if they are paying they make all the choices.
you can change attys at any time.
RE: vocational rehab. post two level fusion - jayne - 05-17-2008 12:46 PM
have you applied for SSDI?
RE: vocational rehab. post two level fusion - maw19531 - 05-17-2008 05:18 PM
My situation sounds just like yours. I also had a 2 level fusion. Mine was on Nov 1st, 2006. After the sugery I did PT for almost 6 months. I have been in pain management since the day of surgery. About 3 months ago the insurance company started me with vocational rehab. I meet with this lady every week at a local library near my home. I also had an FCE test done and my restrictions were no sitting or standing for more than 1/3 of the work day. But I am able to lift 45 lbs which is crazy because if I lift anything over 20 lbs I am in severe pain. During the FCE test I was able to lift 45 lbs in a milk crate and move it 10 feet but I was in severe pain doing it but the examiner didn't tell my doctor that i was in severe pain during the test. She said i am able to lift 45 lbs. My attorney is trying to get her records showing where I charted my pain levels every hour but she won't release them. He even subpoened her to court and she didn't appear. Anyway back to voc rehab. I have to apply for 15 jobs per week and the voc rehab lady gives me 10 jobs to apply for online. I go to career builders.com and apply online. I have already applied for more than 250 jobs in 2 months with no responses but the insurance company wants me to keep looking for a full time job. I will never be albe to work full time again. My job was sitting at a desk all day and I can not sit more than 10 minutes at a time now . I just saw my surgeon yesterday and he is recommending that I get an evaluation for a spinal cord stimulator implanted into my spine. I was already released by my surgeon last Dec and put at MMI but my pain has been so bad I made another appointment. I have a terrible burning pain throughout my body that is caused by my nerve damage he said. I am taking heavy duty pain drugs already for the nerve pain. My injury was in 2004 and I had 2 back surgeries already. The insurance company is getting ready to settle the case but the first offer was way too low. But now that my surgeon ordered more medical treatment everything will be put on hold. I am also in ILlinois.
RE: vocational rehab. post two level fusion - lfoster21 - 05-18-2008 02:10 AM
slapshot53-I close behind you and with the similar situation. I too have had 2 fusions and my surgeon has sent me to the PM dr. He is now saying it is time for me to have an FCE. I think that you may have to go the the voc. rehab. that they tell you to go to, since they are paying for it. But my question would be that since you have re-injured your knee, by doing the FCE that they oredered you to do, they then need to go back and pay for a Dr. to look at that problem before they can get you back at work. Not to mention that the FCE report with your restrictions, were only based prior to the knee issue. Are you still seeing a Dr. on a reg. basis and if so, which kind? If you are, I would highly reccommend letting him know about your knee. I would also make sure your lawyer (if you have one) knows that you need to see a Dr., so that he can call w/c and stop the push for voc. rehab., until your knew is better.
Please let us know how things turn out.
RE: vocational rehab. post two level fusion - lfoster21 - 05-18-2008 02:20 AM
maw19531-I have a question for you. You mentioned that you have been with vocational rehab. and they have also begun presenting you with a settlement. My questions are 1. At what point did they start talking about a settlement? 2. When you turned down their 1st offer, were they upset and then in turn did they begin to make things even harder on you etc.? I ask becasuse my NCM was just talking to me about this stuff. She said that prior to my last surgery, the i/c was asking her if I was ready for VR. She said that I was not, but now that this was my last possible surgery, she was sure they were going to ask her again. When I asked her how the system works and what I could expect, she said that since I had done all of the possible surgeries...they would have to pay me while I was in VR and at some point, if they could not find me a job, then they would offer me a settlement. But, she did not know how long they would try to get me a job before they realized that I was not hirable.
Anyway, any thoughts would be appreciated.
RE: vocational rehab. post two level fusion - maw19531 - 05-18-2008 12:55 PM
lfoster21 Wrote:maw19531-I have a question for you. You mentioned that you have been with vocational rehab. and they have also begun presenting you with a settlement. My questions are 1. At what point did they start talking about a settlement? 2. When you turned down their 1st offer, were they upset and then in turn did they begin to make things even harder on you etc.? I ask becasuse my NCM was just talking to me about this stuff. She said that prior to my last surgery, the i/c was asking her if I was ready for VR. She said that I was not, but now that this was my last possible surgery, she was sure they were going to ask her again. When I asked her how the system works and what I could expect, she said that since I had done all of the possible surgeries...they would have to pay me while I was in VR and at some point, if they could not find me a job, then they would offer me a settlement. But, she did not know how long they would try to get me a job before they realized that I was not hirable.
Anyway, any thoughts would be appreciated.
My case has been going on for 4 years now. I have an attorney. The insurance company requested a figure to settle in January of this year. My attorney gave them a figure based upon a wage differential case which means. For example: If I was earning $1000.00 per week when I got injured and now since I have restrictions from the FCE that I can only sit or stand 2-3 hours per day I can only earn say $400.00 per week they take the 1000-400 600.00 and take 66 2/3 of that figure which would be 400.00 . Then they figure your life expectancy and multiply the 400.00 per week times how many years you have to live. The insurance company doesn't like to do it this way because it comes out to 300-400,000 . But if you can not work full time again because of your injury you have the right to ask for a wage differential case. I hope you have an attorney and if not get one right away because you will loose lots of money if you try and do it alone. The insurance company will screw you because they know you are not aware of all of the laws. Even with the attorney taking 20% you are still way ahead.
RE: vocational rehab. post two level fusion - jayne - 05-18-2008 03:09 PM
oh man is someone gonna be disapointed.......most states will pay only a max of 500 weeks unless you are 100% disabled.......so saying the formula is 500 divided by your PPD rating times your TTD check or if you are 25% PPD you will get 125 X your TTD....
RE: vocational rehab. post two level fusion - maw19531 - 05-18-2008 04:12 PM
jayne Wrote:oh man is someone gonna be disapointed.......most states will pay only a max of 500 weeks unless you are 100% disabled.......so saying the formula is 500 divided by your PPD rating times your TTD check or if you are 25% PPD you will get 125 X your TTD....
That's not true if you are going for a wage differential case. You have the right to choose if you want to go that route or not and once you decide you can't change to the other way. In cases where the employee was earning a high wage the attorney usually goes for the wage differential case. It works out much better for the employee. If the worker didn't earn much then I agree they are most likely better off with the percentage case.
RE: vocational rehab. post two level fusion - lfoster21 - 05-18-2008 09:06 PM
Thank you both, it is very interesting and good to know ahead of time. And yes, I do have a lawyer. I was just trying to figure out in what order things happen, so that I can be prepared. Thanks again to both of you.