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IME report/Workers comp/employer
#1
Hello.
New here, and never thought I would be in a situation like this. Told by my doctors in Feb 2015 I have carpal tunnel, possibly both hands. EMG confirmed it. More severe in right, due to being right handed, and forced to work a job I got pushed into. My job of 11 years was taken away, I am in my 50's...and they hired a new employee who is 27. New CEO making a lot of changes..... that another story.... so my doctors said due to the constant data entry i was forced to do, and pushed by the new supervisor to be more efficient like the 28 year olds, I started to have horrible pain, numbnes, and tingling in my right hand. I also did the purchasing job, lifting heavy stock, and dealing with courier bins many times a day, which were also sometimes heavy, probably why it is in both hands after 12 1/2 years of working. I only did the heavy data entry for about a year when i experienced the severe pain. One of my doctors said I could work but only be on the computer for 2 hours a day. Well that didn't fly with my employer seeing how my job was 8 hours. But I did not do data entry 8 hours usually between 5-6 hours. So, my other doctor at the same practice sat with me, trying to help me keep my job, said work for 6 hours on computer, resting every hour for 10 minutes. He also had to tell my employer that my efficiency would be decreased 40-50% and my condition was indefinite. He suggested physical therapy for starters, and possibly surgery if worse. Per the EMG doctor he said he didn't think surgery was necessary at this point, all 3 doctors said that I needed to change jobs as the data entry is what caused the carpal tunnel. My employer gave me a month off from work, made me take my vacation and sick time, and after the month and them knowing I had an attorney and had filed for workers comp because they would not let me return to work, terminated me saying they couldn't work with my restrictions. I also asked them for another position that i knew was available (keep in mind im a good employee who has worked there over 12 years) but they said i had to be on a computer 8 hours a day. NOT true, no one truly is on the computer all 8 hours. This was a credit union, and I asked to work at a branch where it was multi tasking, not in card services doing financial reports (copy/paste function) They denied me, however offered me 3 months severance pay...which my attorney said do not take because that meant I could not go after them for the wrong they were doing.... so i didnt....now onto the workers comp.... they made me go to the IME out of town with the doctor they choose.... he said my condition was work related, and he didn't think i needed surgery right away, he said the real test would be when i did return to work to see how it was. I told him I am in pain for 3 hours on the computer... I am looking for another line of work, want to go back to health care, which my attorney said workers comp can give me vocah rehab for. The job I used to do was medical assistant, and it isn't on the computer all day. I have been looking for work every day, have had a few interviews and I try not to speak of the carpal tunnel at all. Being over 50, alone is hard to find work-I do not look it, everyone says I look about 42, bless them....
My original job I hired in for was Admin Assistant/Purchasing agent in sept 2002... I did the same job for all the years up until a year and half ago. So, IME says yes to comp, however he is saying I can return to full time work, with no restrictions. Totally againist what my doctor who knows me has said. So the work comp nurse calls and says that I need to go to my dr again and see what their plan of treatment is.... I am currently still doing the physical therapy, wrist splints, Motrin, heat....the nurse also tells me the IME doctor said I do not need treatment on my left hand..... so she has to go with what he says...my doctor said i need treatment for both, per the EMG report/doctor. The nurse tells me to not go to physical therapy any more, go to my doctor and see what else they say, and she is going to send a nurse to go with me to my appointment. I have already spoken to my attorney and he said they can't tell me to not go to therapy when my doctor who's care I am under said to go. He said he will fight for this, and that to wait until he has the IME report before making an appointment, so that he can send a form for my doctor to fill out in response to the IME report. Workers comp is paying the back pay from Feb (when I was told by my employer I could no longer work) until May 31..... so I do not know if they are going to hold up paying any more benefits or what.... my attorney was very busy today trying to catch up from being in court a few days, so hopefully we will know more on Mon or so. The check was sent to him a week ago, and he has not received it, even though he told them to send to me, instead...... Like I said I never expected to go through anything like this...... I have also went to the EEOC about my employer, and of course they are denying any wrong doing....I took some of my retirement just to live these past couple of months, and I was eligible for unemployment as I could work, with restrictions...which when I receive the workers comp will probably have to pay back..... my attorney called unemployment on that last week, and is waiting for a judge to decide.....

Any advice would be appreciated..... I am trying to not be frustrated...... but it is a frustrating procedure! Thank you for letting me vent.....
 
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#2
workers comp is a no fault system and benefits are limited by law; your rights are not the same as with health insurance and settlement are much less then with civil liability.

you should review your rights under ADA
you may have grounds for a complaint
http://www.ada.gov/.

each state has it's own comp system so specific recommendations can't be made without knowing yours.
some states even offer vocational rehabilitation benefits.

if you have been or will be off work for a year, you should file for SSDI
resources are here
http://www.ssas.com/
disputes between medical opinions will have to be resolved thru negotiations or trial in the comp court.
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
I have filed a complaint with EEOC, in Michigan. My lawyer is hopefully handling it. He said to see my doctor with a form after he received the IME to see exactly what it says. He still wants me to obtain treatment. Said they hire doctors to discredit me, which I know this.... and yes, I can work, and want to work, however my employer terminated me! I am actively seeking work. Do I still receive workers comp until I get another job? And yes, I know I need the vocational rehab.... thank you for the response.
 
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#4
workers comp provides disability benefits as long as you are disabled. if there is a medical dispute as whether you should be off work it'll have to be negotiated or taken to court. the wait for a court date can be long depending on work loads.
it's difficult to give specific information without knowing which state law apply to you.
if you are covered by alaska comp laws go here
http://labor.alaska.gov/wc/info-assist.htm
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.
 
Reply
#5
(06-12-2015, 08:56 PM)1171 Wrote: workers comp provides disability benefits as long as you are disabled. if there is a medical dispute as whether you should be off work it'll have to be negotiated or taken to court. the wait for a court date can be long depending on work loads.
it's difficult to give specific information without knowing which state law apply to you.
if you are covered by alaska comp laws go here
http://labor.alaska.gov/wc/info-assist.htm

I am in Michigan. I am becoming very unhappy with my attorney. I received some TTD payment for the months I have been off work Feb-May. I paid him his 15% he asked for. I have asked questions over and over the last few weeks, as I am not allowed to communicate with workers comp ins-Travelers, if I have a lawyer. My questions are: Am I going to reimbursed for the mileage for the treatments I went to in April and all of May, they have paid for, but now they are telling me I can not go any longer-even though my personal primary doctor ordered more for a month for carpal tunnel. They want me to see a hand specialist because the IME dr said I need surgery, however he also said I can return to work full time, no restrictions-even though my own doctor has me on some restrictions. I am looking for work desperately, every day..... I have an apt with a hand specialist, however I cant get in until Sept 15-earliest apt they had.
My other question is if I get another job my lawyer had said workers comp has to pay the difference of wages if not the same as I was making, at the job I worked for over 12 years and they terminated me, due to the carpal tunnel which their job they forced me to do caused!
per The IME they said I will not receive any more benefits. So, I continue to ask the attorney-what does this mean???? I need to know about the mileage, and the receipts I gave him for reimbursement, and if I find another job the wage difference. I am not getting the answers I need! Not sure if I can switch lawyers or not, but I do need to know what is going on..... he just said get an apt for the hand specialist and let him know date, the doctor etc. and I think that is because they want to send a nurse with me. I am so lost right now, I have never been out of work. I have retirement money that I might have to continue to use to keep afloat, but am cautious as I need that 10 years down the road. Any HELP TO THESE QUESTIONS WILL BE GREATLY APPRECIATED! Thank you./
 
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#6
(07-09-2015, 11:51 AM)debikayluo Wrote:
(06-12-2015, 08:56 PM)1171 Wrote: workers comp provides disability benefits as long as you are disabled. if there is a medical dispute as whether you should be off work it'll have to be negotiated or taken to court. the wait for a court date can be long depending on work loads.
it's difficult to give specific information without knowing which state law apply to you.
if you are covered by alaska comp laws go here
http://labor.alaska.gov/wc/info-assist.htm

I am in Michigan. I am becoming very unhappy with my attorney. I received some TTD payment for the months I have been off work Feb-May. I paid him his 15% he asked for. I have asked questions over and over the last few weeks, as I am not allowed to communicate with workers comp ins-Travelers, if I have a lawyer. My questions are: Am I going to reimbursed for the mileage for the treatments I went to in April and all of May, they have paid for, but now they are telling me I can not go any longer-even though my personal primary doctor ordered more for a month for carpal tunnel. They want me to see a hand specialist because the IME dr said I need surgery, however he also said I can return to work full time, no restrictions-even though my own doctor has me on some restrictions. I am looking for work desperately, every day..... I have an apt with a hand specialist, however I cant get in until Sept 15-earliest apt they had.
My other question is if I get another job my lawyer had said workers comp has to pay the difference of wages if not the same as I was making, at the job I worked for over 12 years and they terminated me, due to the carpal tunnel which their job they forced me to do caused!
per The IME they said I will not receive any more benefits. So, I continue to ask the attorney-what does this mean???? I need to know about the mileage, and the receipts I gave him for reimbursement, and if I find another job the wage difference. I am not getting the answers I need! Not sure if I can switch lawyers or not, but I do need to know what is going on..... he just said get an apt for the hand specialist and let him know date, the doctor etc. and I think that is because they want to send a nurse with me. I am so lost right now, I have never been out of work. I have retirement money that I might have to continue to use to keep afloat, but am cautious as I need that 10 years down the road. Any HELP TO THESE QUESTIONS WILL BE GREATLY APPRECIATED! Thank you./

Try making a phone or in person appointment with your attorney. He may not know the answers to your questions yet or is working on them (unknown). I would not recommend firing your attorney over this communication issue, unless it continues (JMO).

Is your attorney working on action against your employer for your termination? If not I would consult with a attorney who is versed in employment law. Every state has different laws and deadlines for these types of actions.

I am not familiar with the laws about nurse case managers in your state, but usually if you do not have to have them in the room with you during an exam. These nurses are usually not helpful and often times try to limit the cost of a claim which can mean trying to limit your medical treatment. I would be careful around the nurse.
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.
 
Reply
#7
(06-12-2015, 07:39 PM)debikayluo Wrote: Hello.
New here, and never thought I would be in a situation like this. Told by my doctors in Feb 2015 I have carpal tunnel, possibly both hands. EMG confirmed it. More severe in right, due to being right handed, and forced to work a job I got pushed into. My job of 11 years was taken away, I am in my 50's...and they hired a new employee who is 27. New CEO making a lot of changes..... that another story.... so my doctors said due to the constant data entry i was forced to do, and pushed by the new supervisor to be more efficient like the 28 year olds, I started to have horrible pain, numbnes, and tingling in my right hand. I also did the purchasing job, lifting heavy stock, and dealing with courier bins many times a day, which were also sometimes heavy, probably why it is in both hands after 12 1/2 years of working. I only did the heavy data entry for about a year when i experienced the severe pain. One of my doctors said I could work but only be on the computer for 2 hours a day. Well that didn't fly with my employer seeing how my job was 8 hours. But I did not do data entry 8 hours usually between 5-6 hours. So, my other doctor at the same practice sat with me, trying to help me keep my job, said work for 6 hours on computer, resting every hour for 10 minutes. He also had to tell my employer that my efficiency would be decreased 40-50% and my condition was indefinite. He suggested physical therapy for starters, and possibly surgery if worse. Per the EMG doctor he said he didn't think surgery was necessary at this point, all 3 doctors said that I needed to change jobs as the data entry is what caused the carpal tunnel. My employer gave me a month off from work, made me take my vacation and sick time, and after the month and them knowing I had an attorney and had filed for workers comp because they would not let me return to work, terminated me saying they couldn't work with my restrictions. I also asked them for another position that i knew was available (keep in mind im a good employee who has worked there over 12 years) but they said i had to be on a computer 8 hours a day. NOT true, no one truly is on the computer all 8 hours. This was a credit union, and I asked to work at a branch where it was multi tasking, not in card services doing financial reports (copy/paste function) They denied me, however offered me 3 months severance pay...which my attorney said do not take because that meant I could not go after them for the wrong they were doing.... so i didnt....now onto the workers comp.... they made me go to the IME out of town with the doctor they choose.... he said my condition was work related, and he didn't think i needed surgery right away, he said the real test would be when i did return to work to see how it was. I told him I am in pain for 3 hours on the computer... I am looking for another line of work, want to go back to health care, which my attorney said workers comp can give me vocah rehab for. The job I used to do was medical assistant, and it isn't on the computer all day. I have been looking for work every day, have had a few interviews and I try not to speak of the carpal tunnel at all. Being over 50, alone is hard to find work-I do not look it, everyone says I look about 42, bless them....
My original job I hired in for was Admin Assistant/Purchasing agent in sept 2002... I did the same job for all the years up until a year and half ago. So, IME says yes to comp, however he is saying I can return to full time work, with no restrictions. Totally againist what my doctor who knows me has said. So the work comp nurse calls and says that I need to go to my dr again and see what their plan of treatment is.... I am currently still doing the physical therapy, wrist splints, Motrin, heat....the nurse also tells me the IME doctor said I do not need treatment on my left hand..... so she has to go with what he says...my doctor said i need treatment for both, per the EMG report/doctor. The nurse tells me to not go to physical therapy any more, go to my doctor and see what else they say, and she is going to send a nurse to go with me to my appointment. I have already spoken to my attorney and he said they can't tell me to not go to therapy when my doctor who's care I am under said to go. He said he will fight for this, and that to wait until he has the IME report before making an appointment, so that he can send a form for my doctor to fill out in response to the IME report. Workers comp is paying the back pay from Feb (when I was told by my employer I could no longer work) until May 31..... so I do not know if they are going to hold up paying any more benefits or what.... my attorney was very busy today trying to catch up from being in court a few days, so hopefully we will know more on Mon or so. The check was sent to him a week ago, and he has not received it, even though he told them to send to me, instead...... Like I said I never expected to go through anything like this...... I have also went to the EEOC about my employer, and of course they are denying any wrong doing....I took some of my retirement just to live these past couple of months, and I was eligible for unemployment as I could work, with restrictions...which when I receive the workers comp will probably have to pay back..... my attorney called unemployment on that last week, and is waiting for a judge to decide.....

Any advice would be appreciated..... I am trying to not be frustrated...... but it is a frustrating procedure! Thank you for letting me vent.....

This is the biggest bunch of BS you will ever have to fight for in your life. They will try to starve you out, deny you of what they know is right. You hang in there, and do not give up.I am going through the same ,if not worse BS. Anxiety, and anger runs high when dealing with dirty dogs. I know !!!
 
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