1 yr anniversary

[socal]

So, this coming week marks the 1 year anniversary of my WC claim in CA!! Oh joy...no treatment as yet that has addressed my injuries (carpal tunnel in both and cubital tunnel in both); a total of 6 weeks of TTD payments - that was from 1 Nov 10 - 13 Dec 10. P&S'd at 100% RTW...company said no work - they knew I was not fixed. couldn't be - no treatment was done; IC denied everything. AME report in April 11 said surgery required: surgeon evaluation said yes surgery required on all 4 areas, EMG was inconclusive - IC demanded a Supplemental AME report that was in June. Still waiting for decision on Supp AME report. Lawyer says we have to go through these steps...meanwhile we have sold off all of the stock we had saved...no money coming in, I can't get hired as a CDL driver because I can't pass the lifting test part of the pre-hire screening...wouldn't even pass the test at my old job. We can get through August with the mortgage, but, September doesn't look good.

Gotta love the way the IC can deny everything...I knew my type of injury - Repetitive Motion would be a tough one, but geez, didn't realize I could very well lose everything waiting for the law dogs to battle it out... I almost wish I had had my Kaiser Doc do the surgery back when I first went to him about the pain...Oh well. Word to the wise in CA...don't get hurt on the job!!

Later all!

[1171]

you can settle at any time. have you made a demand?
have they made an offer?
if you can't settle you can take the AME report to the comp court for a decision.
you may have to look into going into another line of work to save your house.

[socal]

(07-25-2011 10:04 AM)1171 Wrote:  you can settle at any time. have you made a demand?
have they made an offer?
if you can't settle you can take the AME report to the comp court for a decision.
you may have to look into going into another line of work to save your house.

If the AME held as much power as I was led to believe, I would have had my first surgery by now and in rehab for it...AME does not hold the power here in CA...the IC does; my case is proof of that. My AME report said surgery - IC said no, we want another report...

No, no settlement. Yeah, the "other line of work" good idea - been there doing that... tough when your 52 and been in trucking the last 12 years, plenty of management experience from 20 years ago - and the unemployment rate in the county is 12.5% and you have an ongoing WC case...meh, I really want to get fixed. The lawyers will want their payday and I'll get the other 85%. I just need a solid answer from them about anything...benefits, settlement a draw against a settlement - then my finance guy will be able to get some of my annuity to me, providing I can pay it back in full in a somewhat short window.

[1171]

of course, whoever holds the $$ always holds the power.
any doctor, even an AME is only providing evidence; they are not a judge.
if they came out against you, you'd want to question them about why and how and maybe get them to change their mind.
it works both ways.
even if the judge goes your way, or their way, you both have the right to appeal.
the legal system has never been accused of being too fast.
civil courts are even slower