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steve · (This post was last modified: 06-13-2009 11:54 AM by steve.)

I was injured in the state of WI.
I was injured in 2007, I have had 2 surgery's on my right shoulder. I have had a Functionality test done, that shows very limited use. My Dr has given me a 15% disability, & has given me restriction from the test in Dec. of 2008. I have 2 questions.
My company has found me work with my restrictions & has accepted my restrictions, WC has paid for everything up to now. The state told me that WC has to pay me 75 weeks @ 266.00 & owe me 66 weeks as of 6/11/09. They also said that they may send me to a IME. They have never sent me to a IME before. Can this be done now after all this time?
2nd question
Because of my restrictions, the company has been laying me off & is starting to cause me financial distress. Is there anything I can do about this. I know there is work I can do within my restrictions.

1171 · 06-13-2009, 09:37 AM

I have not heard of an "IMA" before. Many states use an Independent Medical Examination. Is it similar?
comp law prohibits retaliation or discrimination against an employee for filing a claim. contact your work comp board to file a complaint. the judge will review all the evidence you submit and make a ruling. you should have documents from the employer targeting you because of the comp claim--as well as testimony from workers and supervisors about how you have been singled out.
having a comp claim does not give you immunity from termination.

steve · 06-13-2009, 10:03 AM

Should have been IME not IMA, my mistake. It would be hard to get information on being targeted by the company, supervisors would never say that I am a target. The company would not fire me, They know it would lead to a law suit. they just want me to quite, so they will just make my life hard & stay just within limits of the state law on treatment. I have been there for 23 years & have seen this many times.

CRPS_girl · 06-13-2009, 10:32 AM

steve Wrote:I was injured in the state of WI.
I was injured in 2007, I have had 2 surgery's on my right shoulder. I have had a Functionality test done, that shows very limited use. My Dr has given me a 15% disability, & has given me restriction from the test in Dec. of 2008. I have 2 questions.
My company has found me work with my restrictions & has accepted my restrictions, WC has paid for everything up to now. The state told me that WC has to pay me 75 weeks @ 266.00 & owe me 66 weeks as of 6/11/09. They also said that they may send me to a IMA. They have never sent me to a IMA before. Can this be done now after all this time?
2nd question
Because of my restrictions, the company has been laying me off & is starting to cause me financial distress. Is there anything I can do about this. I know there is work I can do within my restrictions.

CRPS_girl · 06-13-2009, 10:42 AM

HI Steve-

I am sorry that I cannot answer your questions regarding IMA etc and hope you have a WC Specialist Attorney to help you with your questions. BUT... When I first saw my attorny for my WC injury I let him know that my job was not letting me work due to the many restrictions I had been given. He gave me a card to an attorney that handles discrimination cases. I know it sounds weird and I felt like I was becoming a sue crazy person but did go see the second attorney. He told me when I was all done with my treatments and surgeries etc. that IF MY EMPLOYER DID NOT FIND ME SOMETHING TO DO AT MY JOB THEN TO COME SEE HIM AGAIN. I assume you were injured while working for the employer that now is talking about lay offs? I live in California and not sure of your state laws but would certainly check into a free consultation right away!

1171 · 06-13-2009, 01:31 PM

statistics and statements from previous employees would also be evidence of discrimination.
there is no time limit to use of IME.

steve · 06-13-2009, 03:06 PM

1171 Wrote:statistics and statements from previous employees would also be evidence of discrimination.
there is no time limit to use of IME.

All a IME does is make a unknown 5 minute diagnoses for the comp carrier, & the person has to suffer, and of course they have final say. They should be outlawed. It is just a cheap way for them to save money at the persons expense, which makes you go & get a attorney.

jayne · 06-13-2009, 03:28 PM

nope not really.......there are many fakers out there and many who just cowboy up and work hurt....by denying the claim these people go away....they save money.....some get lawyers and still loose everything they have ever worked for....and get screwed .......some of us get really good lawyers and get a settlement but still because of all the delay we are worse off than before and now cant get fixed.....the judge in my case fined the IC for delaying treatment when they knew it was needed I cannot remember the exact woods that were used but it cost them big bucks but still didnt fix me.......while the IC is the buggerman he is made that way by the thousands of fraud cases filed every year......I can understand why they want to know for sure but I dont understand why even when they have been told by even their docs they continue to delay and deny treatment.....

steve · 06-13-2009, 04:31 PM

jayne Wrote:nope not really.......there are many fakers out there and many who just cowboy up and work hurt....by denying the claim these people go away....they save money.....some get lawyers and still loose everything they have ever worked for....and get screwed .......some of us get really good lawyers and get a settlement but still because of all the delay we are worse off than before and now cant get fixed.....the judge in my case fined the IC for delaying treatment when they knew it was needed I cannot remember the exact woods that were used but it cost them big bucks but still didn't fix me.......while the IC is the buggerman he is made that way by the thousands of fraud cases filed every year......I can understand why they want to know for sure but I don't understand why even when they have been told by even their docs they continue to delay and deny treatment.....

You are correct, there are many fakers out there & I am not one of them. I have had surgery by 2 different Dr's. After the 1st one he referred me to a shoulder specialist for the 2nd one. I have had a Wc nurse dog me at all appointments. I never stopped her from going in with me. I never had anything to hide. I still need a full shoulder replacement.

fencer11 · 06-13-2009, 05:37 PM

steve Wrote:
1171 Wrote:statistics and statements from previous employees would also be evidence of discrimination.
there is no time limit to use of IME.

All a IME does is make a unknown 5 minute diagnoses for the comp carrier, & the person has to suffer, and of course they have final say. They should be outlawed. It is just a cheap way for them to save money at the persons expense, which makes you go & get a attorney.

The IME that I saw actually put me in worst shape than my own Dr. did. They are not ALL evil!! You never know, you may benefit from seeing this IME.