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stressed and lots of questions in California
#1
I am in the state of California and my injury occured here as well.
I am new to this board.
My DOI is 07/16/2001. (put on light duty for 3 months and than put back to my normal duties).
My injury is lower back (L3, L4), damaged nerve (6 inches), as well as low blood circulation in shoulder & leg (right side).
W.Comp denied all types of therapy (such as pool therapy, physical therapy, injections etc...) until 2003 when they finally approved a new QME doctor and that is when approvals for therapy or treatments slowly began to be approved. I had a re-injury in 2003 due to lifting of boxes etc... from being placed on regular/normal duties. It took a year and a half for surgery to be approved and was completed in November 2006. They fused disk and scraped cartiledge from spine and nerve. I walked in normally and left with a cane!
I have since had steriod injections and just this year had a internal stimulator implant.
My first and only deposition was in October 2011. In January 2012 video was taken of me at home and running errands with my wife. I was called in to review tape recordings in February 2012 to confirm was me (I was not doing anything inappropriate or to jeopordize my injury/case).
I do have a lawyer, however I am at the point of frustration because I have been unemployed/unable to even work since 2005. I am currently attending college working on my BA (my wife has pushed me & I have completed my AA since i've been on w.comp). I was given hope that my case was coming close to closing and was told around August-September, but as of yet still no word. In October this year an offer of $60,000 was put on the table from w.comp however I did not accept it because this injury has changed my life and day to day living not to mention added stress to not only myself but my wife and family.
I am just getting tired of never knowing what is going on, and trying to help make ends meet with the little w.comp money I get.
What role if any does my wife have in the case? Because I am the type of person that doesn't keep on my lawyers butt and I tend to go months if not longer without contacting them or even hear from them. This in turn causes or adds to arguments between my wife and I when she asks me for status or if I heard from my lawyer. I told her to call for herself and ask but she told me that is my responsibilty. I just don't like to be or appear pushy. But maybe I am just allowing myself to fall through the cracks?! I don't know what the proper protocol or procedures are so any help, guidance would be greatly appreciated!
I really want to put this case behind us now and just want it to close so that my wife and I can move forward and not have this constantly in the back burner. I am in my early 40s and this case has taken all of my 30s and not to mention the emotional strain its caused.
 
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#2
you would probably have to give the lawyer permission to discuss your case with your wife.
same with the carrier.
you can change attys at any time.
there is a single fee that can be shared.
list of attys by zipcode is here
caaa.org.
the carrier/employer is not required to provide a lumpsum buyout settlement
(compromise & Release). the defalut finalization is periodic PPD payments and open medical.

read the factsheet on PD here
http://www.dir.ca.gov/dwc/iwguides.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
welcome to the board,sorry about your injury.WC does not pay for pain and suffering or loss of anything except wages.If you want your wife to do your fighting for you tell your lawyer however that is a double edge sword so be careful while my honey and I have been married 42 years he always left that final decision up to me altho he and the lawyer spoke often.Alot of ladies come here looking for info for their honeys its how I came in the beginning...There are alot of lower back injuries that go into fusions that dont work out well,some of us dont do the fusions cuz we are still walking.you gave alot of info do you have a few burning questions that 1171 hasnt answered?
........I love cats, I just cant eat a whole one by myself......







 
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#4
I hate dell computers
........I love cats, I just cant eat a whole one by myself......







 
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#5
(12-27-2012, 02:14 PM)jayne Wrote: I hate dell computers

are you running XP?
have you tried changing the mouse settings? it might be a double click issue.
(control panel)
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
I also want to say, sorry your in this position and welcome to the board... I am also another low back injury (along with other injuries) I have denied the 2 level fussion for this reason, I am still walking with pain...

As far as you and your wife, it is common and arguments do and will happen.. I have always been the quiet type even before my injury.. I am married to a spit fire girl that wont let things lye, if i'm not asking the right questions she is right on the horn doing so... My attorney from day 1 has mainly talked with my wife, and the main reason is my meds dont allow me to think straight and I always seem to forget things... As far as the employer some what, the wc ins has from day 1 as well... Without my wife being so active in my case I probably would be brushed under a rug some where... The best way to go through this wc bullshitzz is to be pro active and try to keep your head up because it will bury you quickly if you let it...

I am also in my early 40's and was injured 2007.. It has been very stressfull and have faught many times with my wife over this headache.. We are close to settling and we cant wait to get it behind us.. I am not sure of what your intentions or future holds for you but my injuries have left me never to work again, there is no money that can replace this fact....
 
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#7
Thank you all for responses
Bronco54501,
Thanks for your reply. That is great that your coming close to settling!
How or what did you do to get your case to settle? I told my lawyer I am tired of this crap and I just want to move forward. But I don't know if its different in CA or what but its taking forever to get anywhere.
Yeah I'm on same boat, I can't take the cold weather, and I will never be 100% or back to normal... But my wife pushed me to go to school and I'm going into psychology to work with juveniles... I would not be in same field as I was before and I would not have to worry about lifting or anything really to put strain on my back or shoulder etc...

Thanks
 
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#8
(12-27-2012, 05:24 PM)cowboysdcboys Wrote: Thank you all for responses
Bronco54501,
Thanks for your reply. That is great that your coming close to settling!
How or what did you do to get your case to settle? I told my lawyer I am tired of this crap and I just want to move forward. But I don't know if its different in CA or what but its taking forever to get anywhere.
Yeah I'm on same boat, I can't take the cold weather, and I will never be 100% or back to normal... But my wife pushed me to go to school and I'm going into psychology to work with juveniles... I would not be in same field as I was before and I would not have to worry about lifting or anything really to put strain on my back or shoulder etc...

Thanks



Really its unknown, we were supposed to go to court in dec to argue some disputes.. They quit paying ttd and medical almost 2 years ago when thier dr said I was at mmi and I caould return to work when I was out on medical for my low back... I dont think they wanted it to go to court, they have also had letters from the state demanding a responce in which they were showing bad faith.. They oppened the settlment talks just 2 weeks before we were going to court..

States do vary on rules and such so my reasons may not hold water in your state.. I would worry about your new training, working with juveniles is awsome but there might be a select few that could get unruley and despite what thier intentions they could re-injure just by a simple push/shove... But besides that, I hope it all works out for the best.....
 
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#9
(12-27-2012, 05:24 PM)cowboysdcboys Wrote: Thank you all for responses
Bronco54501,
Thanks for your reply. That is great that your coming close to settling!
How or what did you do to get your case to settle? I told my lawyer I am tired of this crap and I just want to move forward. But I don't know if its different in CA or what but its taking forever to get anywhere.
Yeah I'm on same boat, I can't take the cold weather, and I will never be 100% or back to normal... But my wife pushed me to go to school and I'm going into psychology to work with juveniles... I would not be in same field as I was before and I would not have to worry about lifting or anything really to put strain on my back or shoulder etc...

Thanks

if the carrier won't finalize with you, then get a court date and the judge will finalize the claim with periodic payments and open medical.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#10
Hello 1171,
I notice that you have a lot of helpful information re: w.comp in CA. I am new on this but I am so far learning a lot just from previous posts. My injury was from 2001, surgery was done in 2006. Work comp lagged and gave me run around for treatments or any therapy and I was only taken off my normal work duties for 3 months. Needless to say I had a re-injury in 2003. I was told to continue working so I did. I worked until June 2005 when I clocked in, I was told to go home because I wasn't suppose to be there. I have not returned to work since.
The surgery wasn't done correctly (surgeon scraped off too much cartiledge). I was released from the surgical center to my wife in a wheel chair and was left cripled with use of a cane to walk. The only rating I have is one done prior to any surgeries or "therapies" which was a 32%. I am sure that rating is very different now, because if my memory serves me correctly that was from 2002-2003.
My right side of the leg is a lot smaller and weaker than my left side. I just recently became informed that my shoulder was an area missed so that has been added to my wcomp claim.
Just this year, I had the internal stimulator implanted. I am still not sure how I like it but it does help a bit. I don't take the pills daily given to me (I dispose of them bc my DR & Lawyer told me I should keep accepting them to not be questioned) for pain and what not because I do not ever want to become dependant on them so I have learned to bundle up and stay in when it gets cold (not too often in CA) and the days when the pain is beyond bearable I stay in bed or take a muscle relaxer.
I know I am giving you an eyefull of info. but I do have a question just wanted to give you more detail.
I have only been given one deposition so far which was last year. The only figure I was offered to settle was $60,000. According to my lawyer that was low and I immediately felt slapped in the face when I saw it!
I don't know if it is just me or if you can help me understand what is a more appropriate or accurate figure? And what exactly factors in the determination of this #?
I am 41 years old male, I don't drink or smoke. Prior to this injury I was an active man. I played softball and always had fun being outdoors. But now I have become a very sluggish kinda homebody due to my injury and if it were not for my wife nagging at me to get out and go to school I probably would've never completed VC for AA and I wouldn't be at the university that I am at now working on my BA.
My doctor has told me I am disabled for life, this past year I started recieving SSD. I am officially labeld disabled. I will never be able to do any type of heavy lifting or even work in the same field I once did. I worked in a medical factory that I had been employed at for over 8 years. I was working my way towards becoming the Lead Supervisor. In the short time I was there I had reached the following titles: Q.A. inspector, Tech 3, Machine Operator 3. I use to move 55 gallon drums.
Any insight or more info that you have for me would be greatly appreciated.
Do you know what I can do or should be doing to get the ball rolling with getting my case closed? I keep hearing or reading about other cases similar to mine closing after a few years. Just the other day a guy with less injuries than mine recieved a big settlement and his case was 7-8 years only! I am practically hitting 12 years?! This just seems crazy to me and I am really eager to move on.
All I really want is to have Medical Set Aside or something that will cover any of my future medical needs. I of course would love the highest amount possible but the most important thing is making sure my future medical needs will be covered.
Thanks!
 
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