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Desperate for help in Oregon
01-12-2012, 03:42 PM, (This post was last modified: 01-14-2012, 08:55 PM by kdalla55.)
#1
Desperate for help in Oregon
I guess i'll start at the beginning. I live in Oregon, I was using a (hole hog)drill at work in which the bit was dull, I had complained to my employer weeks before about replacing these bits and it bound up on me and spun my wrist locking my finger on the trigger and knocking me in the head and off my ladder almost a year ago. I was on a workmans comp case with SAIF. I have seen 4 surgeons, had high contrast dye MRI done and xrays all said I have a tear in my TFCC and multiple ligaments torn, but no one will operate because the risk for more pain is to great and it's a very complicated surgery. I also like an idiot take a main Dr. recommendation from my saif worker ( she seemed like she was on my side at the time, I know stupid move) I have also seen Saif's IME's 2 times now and they say to me verbally that my hand is injured, look into SSI but then in their reports write that I am completely rehabilitated. Well, the day after Thanksgiving SAIF closed my case, so no more income or medical. The closing documents state that I have a wrist sprain and I am released for full duty. Even after telling me verbally that my hand was completely devastated and will never be able to work with it again! How is this possible? All the surgeons have diagnosed me with torn ligaments and TFCC using dye MRI's and Xrays? Does this even sound logical? My main DR. who I thought was supposed to help me out signed off on their findings, I just don't know how this system can completely push me aside and not help fix my hand, I am 29 and cannot lift anything of weight with my right hand! I had to move away from where my original lawyer was located and he dropped me due to this, now every workmans comp lawyer I have consulted with says unless you have money to fight this your screwed, deal with it (one in those exact words) How is it that all these sue crazy people walk away with thousands but then an honest hardworking man gets treated like this and he is genuinely hurt? Sorry to go on about it, I am just so upset and needed to vent hoping someone can help. I don't know what to do from here, I am in constant pain, having anxiety attacks and depression which I never had before and just feel like I am in general going crazy! What can I do? Please, please help me.

UPDATE: Ok, so now the appellate did not approve the closure of my case, sighting incomplete information. Reading my notice my Dr. did not agree with the IME findings but did not add any impairments to the notes SAIF had tried to say that he did agree. They have also been forced to include a DVD with the surgeons looking at the MRI and pointing out the findings. They are in process of closing my case again, but my case worker is on vacation until Tuesday, so I can't ask her anything, but I believe this makes me have a stronger case and may alleviate my problems finding a lawyer that will work for me. I guess this whole time I could have been seeing a Dr. for help, but since I thought my case was closed, I held off. I am thinking of going in to the ER I am in such pain, but I am afraid they will try to say it's a new injury or something like that.
I also unfortunately do not have insurance anymore because it was through my employer who laid me off because there was no more light duty work for me to do (i'm in HVAC) I could not afford the COBRA insurance they offered, so all Dr. expenses will be out of pocket.
Reply
01-12-2012, 04:00 PM, (This post was last modified: 01-12-2012, 11:14 PM by 1171.)
#2
RE: Desperate for help in Oregon
who's saying you need $$ to hire a lawyer?
in comp atty fees are on a contingency basis and come out of any benefits; no up front $$$.


unless you are going pursue litigation with the comp court on your own, you need an atty specializing in workers comp.

the internet has a number of listings for oregon work comp attys; keep looking.

try here
https://www.wilg.org/index.cfm?pg=publicdirectory
or here
http://www.osbar.org/public/ris/ris.html#referral
Reply
01-12-2012, 05:06 PM,
#3
RE: Desperate for help in Oregon
(01-12-2012, 04:00 PM)1171 Wrote: who's saying you need $$ to hire a lawyer?
in comp atty fees are on a contingency basis and ome out of any benefits; no up front $$$.


unless you are going pursue litigation with the comp court on your own, you need an atty specializing in workers comp.

the internet has a number of listings for oregon work comp attys; keep looking.

try here
https://www.wilg.org/index.cfm?pg=publicdirectory
or here
http://www.osbar.org/public/ris/ris.html#referral

I've met with 2 so far and they keep saying that because my original DR. signed off on the IME findings that I can't fight it. I was stupid and took a DR. referral from my case worker (she did a great job at pretending she was trying to help) and I really think he was on there side the whole time, she even convinced me to stay with him saying that I couldn't transfer to a new DR. when he and I disagreed on pain management. I do not want to be a pity case, I want to fight, I do not want a free ride on the government, I just want to be taken care of medically and retrained so that I can provide for my family. I will try to talk to a few on the sites you referred, I posted hoping someone can tell me there's hope and that I'm not alone on this, thank you for your input, I will follow through on this and fight, fight, fight :0)
Reply
01-12-2012, 11:23 PM, (This post was last modified: 01-13-2012, 01:54 AM by 1171.)
#4
RE: Desperate for help in Oregon
i see.
it's not that attys want an upfront fee; it's that they believe your case is weak and there are no good legal alternatives that will revive your claim.

medical determinations/opinions do not require your agreement. without necessary supporting medical evidence of continuing disability and need for benefits, legal challenges alone will not be successful in obtaining benefits for you.

when workers compensation denies a claim your general health insurer would be liable.
if you have health insurance, contact them for denied care.
Reply


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