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Previous Injured Worker.. need advice - jilly23 - 04-05-2009 12:28 AM
Name: Jill
Age: 20 ..17 at the time of injury
Location: Pittsburgh, PA.
D.O.I: 8/09/06
Description:
I was working as a cashier at my local grocery store. A lady dropped cases of soda on my right wrist. I knew immediately something was wrong. I told my manager, they didn't let me leave. I filled out an accident report the next day and seen a company doctor. My wrist was 'popping' and he said I required a hand specialist. I then seen a hand specialist in Morgantown, WV. and he was unsure of my problem. Therefore, I sat in various casts and splints until he finally decided to send me to another doctor in Allegheny, PA for a second opinion. On 7/12/07, that doctor removed my pisiform bone and told me that afterwards everything would be fine. I went through therapy and nothing helped me. My pain and 'popping' still persist. However, from removing the bone I then developed a ulnar nerve problem. My 4th and 5th finger would go completely numb whenever my scar from the bone removal would be compressed. For instance, simple task such as writing I could not perform because my hand would tingle and go numb. On 9/08/08 I had surgery done to my ulnar nerve and a tube put around it to protect the problem from happening again. I then had surgery on my ECU Tendon, which was causing my 'popping' sound so they claimed. I had over a year of therapy.. more than 150 physical therapy visits and nothing got better. I was still having a painful click. I recently went to my doctor again 2 weeks after I tried light duty. (It took this long because my original appointment got canceled due to bad snow conditions.) Anyway, I go and see my doctor again and he moves my wrist just a little and replies, "oh boy." He says now that I have DRUJ Instability and I need to have 1 of possibly 3 more surgeries. He plans to cut out a tendon, drill holes in the back of my hand and lace the tendon through the holes to fuse my radius and ulna together. (So I believe) This is prolonging his from giving me screws or an artificial joint. He says if this doesnt work, that's what I need done. I'm not getting the joint right away, because I'm just 20yrs old. So I give work my "no more work" excuse and I receive no comp checks. Workers comp is refusing to pay me weekly wages until I get a second opinion from their doctor. (Ive had one of these done in the past, with their same doctor.. and he actually suggested more surgery needed done rather than my own doctor.) I see him tuesday. However, I also have a court hearing May 18th to reinstate those benefits. My question to everyone is ..what do I expect at this hearing? I've never been to one before and I dont see how if I'm not working, they can actually refuse to pay me? I was hurt at the age of 17, I do have an attorney and they never gave me a problem about paying me weekly wage. Now, a court hearing. Also, this doctor they're having me see has already in the past said that yes I was hurt from work, I required surgery, etc. I hear all the time on here of people saying that the comp doctors will lie. Will he be able to do so even after he already agreed with my case in the past? I'd appreciate any help. Thanks!
RE: Previous Injured Worker.. need advice - Still in Limbo - 04-05-2009 10:05 AM
I'm not far from Pittsburgh Myself, Actually My attorney is there! Your Hearing is for the Judge to Review Both Dr's Reports, and Decide which One is More Credible and if You should be Re-Instated for Monetary Benefits. If I Read Right, the Ins. Co. Dr, thinks You need Further Care also, (at least that's what they said last Time) You should be Fine! Relax and let Your Attorney do Their Work, They will have a Feel of how the Hearing is going, and Work Hard to Make Sure You are Protected! Please let Us know How it Goes!!
RE: Previous Injured Worker.. need advice - jayne - 04-05-2009 10:08 AM
most likely you will never see the inside of the court room.....they use this"court date" as a goal everyone should be ready by the goal date......but if they are not then the will "continue" at another date......your best bet is to make sure the doc tuesday knows of your court date and has his paperwork done on time.....9 times out of 10 it will be taken care of the day before court or the hour or so before your hearing......this has been my experience......I have had 3 court dates and except for the signing of my settlement papers never saw a judge...others have different experiences...if the doc said you needed surgery before and you have a copy of that report take it with you to refresh his memory...if you dont have a copy your lawyer should....good luck
RE: Previous Injured Worker.. need advice - jilly23 - 04-05-2009 01:56 PM
Thanks for your respones ..I greatly appreciate it. Although I've been at this since 2006, I've never been to court or anything like that. I dont know why they're sending me to their same comp doctor if he agreed with my doctor last time. I'm fortunate, however, some things I read people claim that it doesn't happen frequently.
RE: Previous Injured Worker.. need advice - jayne - 04-05-2009 02:19 PM
believe it or not 95% of cases are handled pretty easy its the 5% left over that get the shaft or so I have been told I wonder just how many never see this site and lose it all without ever knowing we are here? The court is so backed up everywhere I do believe that 95% may be a bit of a lie......lol
RE: Previous Injured Worker.. need advice - jilly23 - 04-05-2009 03:32 PM
yeah, that's true. I just want them to fix my hand and move on with my life. It has held me back doing everything. I got hurt when I was 17 and it made my senior year miserable. Now I'm 20 and haven't even started college yet, because I was planning on going to Florida to do so. Also, whenever they removed my bone.. the ulnar nerve problems made it nearly impossible to write. I've been in 17 casts for immoblization, etc.. not just short arm cast either, these big ones called munster casts. Now, they're saying they're not paying my weekly wage. Are they tired of me or something already, I've heard some people being on comp for 5-10yrs.+ ..I've only had this from 2006..
RE: Previous Injured Worker.. need advice - jayne - 04-05-2009 03:37 PM
they cant close you out till your are MMI.....so until you are well they gotta pay you just sometimes they like to mess with you and make you wait
RE: Previous Injured Worker.. need advice - jilly23 - 04-07-2009 07:47 PM
so I went to my IME for a second opinion on workers comp's behalf. The whole situation was awkward. I walked in.. they called me back, the doctor was already in the room waiting on me. I seen him a year back before I had nerve surgery and reconstruction to my ECU tendon. (they sent me for a second opinion before those two surgeries.) He agreed my injury was from work and that I needed surgery, but he'd do tests first ..such as nerve test before nerve surgery. My doctor chose not to, so he brought this up at first today. He asked me if I was better or worse. I said worse, very much so. I have another problem ..and he said I see here it says DRUJ Instability. He asked me, did you agree to have the surgery. I said yes, because I can't live with this pain every day.. I'm only 20. Also, my doctor claims if I dont do it.. I wont be able to lift over 25lbs. (and how can I really judge that one, whose to say I wont ever have a baby?) Anyway, my wrist makes this popping noise whenever I do certain movements from the instability. He asked me to make it pop. I said I couldnt make it on my own.. it happens in normal day to day activity for me. He had me do a strength test, but didnt tell me anything. I know my right wrist is very week, I gave up trying to use it to even open simple things such as jars. Anyway, my question now is.. if I didn't make my wrist pop, will he say that it didnt do it ..so I'm fine? Any idea anyone?
RE: Previous Injured Worker.. need advice - jayne - 04-07-2009 11:05 PM
you just never know.....
RE: Previous Injured Worker.. need advice - Lilly - 04-08-2009 09:19 AM
Just because you cannot make your wrist pop on it's own...doesn't mean it doesn't happen. In fact, IMO I'd say NOT being able to pop your wrist 'at will ' is favorable for you...otherwise they could just say "stop doing it".
Take care & Good Luck, Lilly