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Feel like I do not have any hope/depression
#11
(05-19-2014, 08:39 PM)052614 Wrote:
(05-16-2014, 10:57 PM)California_Help Wrote: If you have already hired a workers compensation attorney, and cannot get a call back I suggest asking for an appointment with him.
It is not a good sign you have not received a call back, but this can happen, and does a lot with many attorney's.

I suggest talking to your workers compensation attorney about the treatment/stress you have had at work.

If your claim is denied, your attorney should be attempting to send you to an evaluation by a doctor called a QME or AME. They will determine if your injury can be accepted, or at least the first step for that to happen.


This is information about psychiatric claims. There are certain circumstances where a psych claim can receive benefits other than medical treatment for injuries that occurred post 1/1/2013.

http://www.glaserforensic.com/blog/94-ps...ill-viable

"Labor Code § 4660.1©(1) excludes, with some limitations, the ability to obtain impairment ratings for psychiatric disorder, arising out of a compensable physical injury” Subsection 2 provides exceptions for psychiatric injury where the employee is a victim of a violent act or direct exposure to a significant violent act within the meaning of Section 3208.3. or the result of catastrophic injury, including, but not limited to, loss of a limb, paralysis, severe burn, or severe head injury.

The next phrase which needs to be emphasized is: “arising out of a compensable physical injury ….”. By its very terms, Labor Code section 4660.1©(1) does not preclude “increases in impairment ratings” for sleep disorders, sexual disorders and psychological/psychiatric disorders which occur as a direct result of the industrial injury itself. What this means in the specific context of psychological/psychiatric disorder claims is that an injured worker may still receive permanent disability compensation: (1) in cases where the primary injury is to the psyche (so called “mental-mental claims”); and (2) in cases of traumatic brain injury; and (3) in cases where the psychological/psychiatric disorder directly results from an underlying industrial event which is inherently psychologically traumatic (e.g., PTSD)."

I do not understand what you mean by a 2ndary claim? I was stressed out from the way I was being treated at work but I was not depressed until the owner took me in her office and yelled & screemed at me for a very long time, calling me many names. Do I qualify to file a claim?

This is a question for your workers compensation attorney. He will know, and how to proceed. I suggest making an appointment with him either a phone appointment or in person if you are having difficulties getting a hold of him.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#12
(05-19-2014, 08:39 PM)052614 Wrote: I do not understand what you mean by a 2ndary claim? I was stressed out from the way I was being treated at work but I was not depressed until the owner took me in her office and yelled & screemed at me for a very long time, calling me many names. Do I qualify to file a claim?
yes you can file a claim.
but you need supporting medical opinion/evidence linking your depression to your employment before the claim is accepted and benefits provided.
there are other qualifications required before such claims meet the legal requirements to be accepted but you can file a claim and let the carrier investigate.
here is a claim form you can give to your employer ( you don't need an atty to file a claim).
http://www.dir.ca.gov/dwc/DWCForm1.pdf
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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#13
Carrier had recently agreed on settlement. I told attorney about the settlement and reminded her I did not use the attorney for this case. I have a physical injury case with the attorney. Adjuster said he would mail me paperwork to sign. Two weeks later I call adjuster and he says that insurance company had changed their mind about the settlement. Now I have to hire the attorney to continue the case. I had a physical & mental injury from the job, and getting more depressed by the day, they have refused me psyciatric care, was getting my own doctor since I thought se were settling the psych case and was going to pay for psyciatric care out of pocket. I think it is strange that the adjuster contacted my attorney and I did not know about their change of mind until I talked to attorney. Northern California.
 
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#14
I understand exactly how you feel. I personally feel worthless, loss of self esteem, I feel humiliated when I have to use a scooter in a store because I can't walk far, I have even thought about ending my life. At times, I have had to go to the bathroom and was incontinent of urine because I am so slow with my walker. Total humiliation that has brought me to tears so many times over the past six months. If husband goes out to do grocery shopping I have to plan my bathroom trips. About 5 weeks ago I had to use the restroom, and was in a hurry so I went into the hall bath. Couldn't get up off the seat. Called husband and his cell reception in walmart was terrible so I sat there for 1.5 hours. Even tried to slip off the seat but then I can't get up off the floor. So I was stuck there till he got home. Asked WC for a raised toilet seat and it took them 4 weeks to supply me with one.
Don't let them win! Try contacting your family doctor for info on free clinics. They are out there but not really advertised.
Carriers and defense lawyers truly are not working in any way for you. They couldn't care less and they have no conscious.
In wish you luck and please, contact someone regarding your depression. Perhaps your church has spiritual counseling that could help? Even if your not religious, it is someone who can listen to you, show compassion and perhaps have connections in the community they can inform you about.
Bless you!
 
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#15
So sorry about what your going through Scooter123. Your right I do need to get some counseling/psych care. I did make an appointment with a psyciatrist but do not see him for another month. (that is when he has the first appt available).

I am going to try my darnest to NOT let them win! I do not deserve what has been done to me, and then to get WC adjuster who does not care, and can get away with it. The law seems to be on the employers side, and the employee has to wait and wait and then get denied. My frame of mind is steadly getting worse so I do need to get myself into therapy soon. Thank you so much for your encouraging words, and I truly wish you the best, Bless you also.
 
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#16
(06-19-2014, 10:27 AM)052614 Wrote: So sorry about what your going through Scooter123. Your right I do need to get some counseling/psych care. I did make an appointment with a psyciatrist but do not see him for another month. (that is when he has the first appt available).

I am going to try my darnest to NOT let them win! I do not deserve what has been done to me, and then to get WC adjuster who does not care, and can get away with it. The law seems to be on the employers side, and the employee has to wait and wait and then get denied. My frame of mind is steadly getting worse so I do need to get myself into therapy soon. Thank you so much for your encouraging words, and I truly wish you the best, Bless you also.

That's good that you can get help. Your right, no one deserves what they try and sometimes succeed to dish out. If I could, I would sue them for neglect.
Irony that WC was initialized to help the injured worker but yet it's the employeers it benefits the most. It's all a political game between the lawyers, insurance carriers and commissioners who, some are not even lawyers, and yet they assume a position to oversee a legal case. I can't afford to see a mental health specialist as they charge 125.00 per visit here. There is a low income clinic but the wait list to get in is years and I don't qualify for medicaid as we are 300/month over the limit for our family.

Someone told me on this board a few things to help with depression:
Go outside and sit in the sun.
Try deep breathing
Eat well if you can
Have someone that can listen while you talk because you need someone to vent to- it helps a lot.
If you want to message me privately, please do.
Will think good thoughts for you and send you some good juju Smile

PS- have you hired a lawyer? I did many months ago and his firm/legal staff have been awesome. Had the hearing to ask for needed medical treatment- just waiting on the decision and praying a lot.

 
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#17
I do not know how to do a private message. So sad your only $300.00 over the limit and cannot get help. Yes, I thought the WC insurance was going to settle the psych case so that is why I set up an appointment on my own, before they retracted on their offer. I even got a letter telling me they would settle, but no papers were signed. Unfortunately I had to get the lawyer for my physical case involved since they now refuse to pay. Got a few doctor's appointments today, so I will be in and out, but I am sooooooooooooooo depressed.
 
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#18

052614 and Scooter 123, your stories break my heart. Please know that the situation you are presently in is temporary, and you will not feel this way forever.

Sending hugs and prayers for the both of you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#19
(06-19-2014, 03:14 PM)California_Help Wrote: 052614 and Scooter 123, your stories break my heart. Please know that the situation you are presently in is temporary, and you will not feel this way forever.

Sending hugs and prayers for the both of you.

Thank you. I am crying right now because of the hopelessness and stress that I feel. I worry about paying the rent, bills as my husband is disabled and has been for 23 years so his little SSI check just pays the rent, nothing else. I was the only one working but am a nurse and had a very good job. In one second, it was gone when I fell at work.
I guess my biggest worry is if the commissioner denies my knee replacement, I am fearful my checks will stop and then we will be literally done. No where to go and no money. I can't walk let alone work. No family to help us out.


I honestly see no way out of this at present. Just dark despair that has taken me over. I try to be positive for others in my responses but mentally and physically I am done. Sorry to display such despair but I am truly lost.

Thank you for the prayers and hugs. They are appreciated much more than you could ever realize.
 
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#20
Scooter I understand how the high pain related to that knee can cause depression as it did with me.

It took three years and 10 months working thru the courts before my TKR happened.

Didn't you have a hearing in recent months, how did it go?

Have you applied for SSDI, if not you should do so.

 
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