Getting Screwed?

[Left on Red]

I had bi-lateral cts surgery feb.96. I went back to my job without restrictions around april but never fully recovered. I had a very difficult time and had panic/anxiety on the job. Also developed bulging disk in my neck and have pains in all of upper extremties for over compensating for loss of hand grip strentgh. I tried my best everyday for about 6 months after my surgeries to heal properly and keep my job. My wife was pregnant and just felt like i had to keep that job no matter what. Ever day was very difficult and didn't know from one day to the next if I was gonna make it. couldn't sleep well either and became run down. Ended up having several health issues in the end. The stress panic and health issues caught up with me in december 06 and I opted for medical leave rather than dealing with workers comp. I asked for extended leave and the and was granted it but the doc i was seeing never turned in my paperwork and I was terminated. I was denied unemployment and my lawyer recently filed a petition against WC. My doc only gave me 2 percent disability even though I can't do heavy work now. I did upholstery on a furniture production line. I had my hands wrapped up everyday with braces on top. I couldn't pull the material well and ran bad quality product. I just recently went to see him after a flare up and asked him for restrictions. He told me to come back any time if i need to and he would give me restrictions. Now that I've been terminated he refused to give me any restrictions. He said that it would never hold up in court and that I should retrain for something else. What should I do? I cannot find employment that I'm qualified fo that's not highly repetitive. I have no source of income. I can't do my job anymore yet my doc refused to put restrictions on me. Any suggestions?

The bulging disk in my neck was also work related. I let blue cross and WC fight it out and it was determined by somebody that it wasn't related. It was. It was overcompensation of other body parts to make up for the loss of hand strentgth. Should I get a lawer for unemployment to right now?

You can find more info at http://leftonred.wordpress.com if u need it or I can answer it. I really need some advice. I already have a lawer but not much advice coming from him.

[Still in Limbo]

Have you been off of work since '96 or '97? If so , I'm not sure but you may have a hard time filing a claim after that many years. What did your attorney say?

[Babebahn]

Left on Red Wrote:I had bi-lateral cts surgery feb.96. I went back to my job without restrictions around april but never fully recovered. I had a very difficult time and had panic/anxiety on the job. Also developed bulging disk in my neck and have pains in all of upper extremties for over compensating for loss of hand grip strentgh. I tried my best everyday for about 6 months after my surgeries to heal properly and keep my job. My wife was pregnant and just felt like i had to keep that job no matter what. Ever day was very difficult and didn't know from one day to the next if I was gonna make it. couldn't sleep well either and became run down. Ended up having several health issues in the end. The stress panic and health issues caught up with me in december 06 and I opted for medical leave rather than dealing with workers comp. I asked for extended leave and the and was granted it but the doc i was seeing never turned in my paperwork and I was terminated. I was denied unemployment and my lawyer recently filed a petition against WC. My doc only gave me 2 percent disability even though I can't do heavy work now. I did upholstery on a furniture production line. I had my hands wrapped up everyday with braces on top. I couldn't pull the material well and ran bad quality product. I just recently went to see him after a flare up and asked him for restrictions. He told me to come back any time if i need to and he would give me restrictions. Now that I've been terminated he refused to give me any restrictions. He said that it would never hold up in court and that I should retrain for something else. What should I do? I cannot find employment that I'm qualified fo that's not highly repetitive. I have no source of income. I can't do my job anymore yet my doc refused to put restrictions on me. Any suggestions?  

The bulging disk in my neck was also work related. I let blue cross and WC fight it out and it was determined by somebody that it wasn't related. It was. It was overcompensation of other body parts to make up for the loss of hand strentgth. Should I get a lawer for unemployment to right now?  

You can find more info at http://leftonred.wordpress.com if u need it or I can answer it. I really need some advice. I already have a lawer but not much advice coming from him.

I think you should consider having a sit down conference with your attorney and ask him the same questions. have you consider filing with EEOC?

[Left on Red]

i'm sorry it was Dec 2006 when I went out this 2nd time. Didn't mean to put 96.

[Bad Boy Bad Boy]

What State is this in?

What year was the CTS?

What year did you remove yourself from work, when you took leave?

Taking a leave from work, doesn't protect you, or you job...

[Left on Red]

had bi-lateral surgery in feb. 06

took medical leave dec.06 because of anxiety along with the cts

it is in mississippi

[jayne]

getting screwed in WC is normal its getting them to kiss us afterwards that is rare

[punk]

Left....well, there's many issues here that need dealt with! First let me say welcome to our little family here, feel free to pop on ask ??'s, vent, cry, tell a funny, or give a bit of advice. We're always here. Maybe not at the precise moment that you'd like us to be, but we'll come along shortly!! We're a very close and caring group over here....as you may well have found out by reading other threads!! Believe me, there's much support here...we'll help you with our opinions as best we can...the rest is up to you to try and educate yourself along with us!
Now, for the heart of your question!! Your original date of injury was '96, right? Did you tell anyone that it was work related? You should have! I know that the world of WC is a difficult one to enter, but for your safety and best interests...it's needed. When you had your surgery did you relate it to your work? You should have. Now you've got to go back, along with your attorney and try to straighten things out....it could take some time. I hope that you still have time to do this! Most states have a statue of limitations that we must adhere to. I'm not well versed on particular state's law/rules/regulations...I only know in depth Nebraska things, but I can give general opinions on what I believe to be necessary or the right thing to do!!! Please understand we are injured workers just as you are, with various backgrounds and in different places in our own cases. Anyway, I don't know if you'd have to go back to '96 or if you only have to go back to the date of your surgery in '06. It's kind of a gray area actually...that will be for your attorney to decide! You must maintain a close, open relationship with you attorney or you'll find yourself on the outside looking in and that's definitely not what you want!! Have you kept a journal (or log) of when your symptoms started or anything like that? If so, great!! If not...well, I hope you have a good memory and have copies of all of your medical records in relation to this...they will be a big source of information and a great help to you and your memory! You're attorney, I'm sure, has requested and possibly already received copies of these things. He should have had you sign a release for medical records. That'll be one of the first things you do.
It could be that the reason you haven't heard much from your attorney is that he's still on a fact finding mission and gathering information so that he can form an opinion. It's hard, but patience will become your greatest virtue before this is all over with!!
I'm not quite sure why you were denied unemployment. It could have been because the employer says that you didn't follow proper company procedure. Did you deny the decision? You can, if you didn't then I would maybe go and reapply...when/if it's denied again then you can appeal. Let the unemployment personnel decide if you're eligible or not. If you've already been down that road then ask your current attorney about it...he may have some knowledge about it. Mind you, though, that since your attorney specializes in WC issue/law then he may not have a great deal of knowledge when it comes to unemployment...however he can lead you in the right direction if need be.
One thing you can do is ask your attorney about some form of Vocational Rehabilitation. That will help you receive the education/training you'd need to enter a different field of employment. If not possible through WC then ask about voc rehab programs through your community or state agencies. Hopefully there's something that out there that can help you. Mind you, your first line of business is getting better...first and foremost. Always.
If there are specific things that you can no longer do because of your surgery or any restrictions at all then make an appointment with your Dr. Tell him that you'd like to have something in writing for your attorney explaining your restricitons and such. He should be willing to do this. Also, if you have to....play stupid...tell him you're having problems remembering what he has said in the past about what to do and not to do and such as that!! I hate having to play dumb...but sometimes you have to in order to get what you need. When you get these restrictions in writing make a few copies. Give one to your attorney, keep one in a safe place and keep one with you at all times while searching for employment. Remember to always seek employment that is within your restrictions, it'll work easier than if you were to apply for a job and then ask for accomodations. See what I mean?
Remember, if and when dealing with WC NOTHING moves quickly, except for their denials!! Everything takes time....and more time. There are some on here that have been battling WC for 5 years or so, and some only 1-2 years. Myself, my date of injury was 10-15-05....I'm going through the Voc Rehab process at this moment and also working with my attorney on possibly reaching an agreement with settlement. Either way...I've never had a chance to step foot in the courtroom on this. My first court date is 06-20-07.....1 1/2 years after my injury!! So, see....things don't move quickly at all. I've had a deposition, I've gotten my impairment rating and FCE has been done...I also have gotten my disability rating as well. So it's not like we've been sitting with our thumbs up our noses!! We haven't...there's just to so much to a case like this!! You also need to remember that each and every case is as unique as the individual itself. No two cases are alike...there may be similarities, but never are they the same......simply because we all have different needs and issues to handle. What works for one, most certainly won't work for another!!!
I'll not overload you or ramble any further!! I hope this was of some use to you!! Good luck and keep us posted...you're welcome anytime here! Most of all: Try to be as pain free as possible each and every day and take care of YOU...YOU are the most important thing in this case!!!

[Bad Boy Bad Boy]

Well, from what I read you state, is you created your own problem, by not wishing this to go to WC, and instead took it upon yourself, to just take leave from work, that over extended. And now, your Primary Insurance paid for this, and on top that, it's been said non-work related.

The Mental portion, would of needed to be documented by WC and then sent to them through their Doctor, the portion of your neck also.

Only thing I can see here, is that you can only hope, your Attorney knows how to pull a rabbit out of a hat now to best help you.

I'm sorry, there is no real answer here for this. If there was, I would give one. But I can only go buy what your stating as facts.

[jayne]

Bad boy you forgot to send a kiss