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Employer avoiding using workmans comp
#71
(12-17-2017, 05:02 PM)bugmann Wrote:
(12-17-2017, 10:29 AM)tinainky Wrote:
(12-17-2017, 10:14 AM)1171 Wrote: Ask your atty if they will help you with an ADA complaint.
Tinainky,

A complaint to ADA would not advance your case one bit in WC Court. The employer would reply with some BS response and with the burden on you to prove your case its doubtful you would even win your argument. Now you are labeled a troublemaker.

I am CERTAIN your injury is a result of repetitive motion in lifting so much weight repeatedly day in and day out and this king of work is infamous for causing spinal injury/disorders. Sadly the ins carrier chose to use the squeeze play, which forces an injured worker to work even though they may not be able to. You may regret this should your new part time job leave you in a wheelchair.

Returning to work will reduce your impairment rating for your final hearing which is what the carrier wanted from the start. I just hope one day the shoe is on the other foot with the shot caller on your case.

Im sorry I could not be of more help but it just the way the WC laws are worded that permits these delays and delays all along the carrier knows you have run out of money and need to survive.

Should your new part time job begin to severely exasperate your symptoms please stop and seek medical attention from a Dr you trust, as if there are ways in NJ for disabled workers to get help and free medical and drug coverage Im sure there are similar local programs in your area.  Just please make me this promise as I would have failed you in my mission as an advocate for IW's to let another get crippled just like I did in Nj the only difference is it was not your employer using their state's WC system as a weapon as was the case with me.

Im sure your case will begin to move along soon once they see your SS# earning $$.

We all wish you the very best and only you know your body's limits please do not cross your threshold of your body's limits as you are still in control of your future not an employer who doesn't care about its employees health more than profit

Wishing you well
BUG   




I would ask ,but I am working temporarily right now at another job. I had to pick up something in the mean time.
The job I use to do part-time while working at the plant  accommodates my disability. Although it is painful I have to work.  It won't pay all the bills, but it can pay some.
I was told by a coworker from the plant I am fighting WC for, that they already gave out the Hams for X-mas and the X-mas party is next week... I was not informed of any of this nor invited.
I can only guess they do not want me back.
Thank you for the reply. I went to see an orthopedic Dr. a little over a week ago. About the first thing he said was, after I told him I have a messed up arm, neck and back caused from work. He said NO it is not.. I proceeded to tell him the kind of lifting I done on my job. He then said well if that is the case how many others out there have this problem? I informed him I did not know about anyone else other than my self. I reiterated, and said I KNOW FOR A fact it is.
He was adamant about it not being caused from my work. He then talked about manipulative surgery, and while speaking of that I in turn told him no one is doing that to my arm because first of all (as I pointed to my shoulder) NO one knows what is going on in this shoulder for #1 and I refuse to have that done. He asked me if I knew what that was and I said of course I do !!! He asked me how I knew!!! I told him because I have researched everything about shoulder injuries.
This Doctor is a know it all...So he thinks. Anyhow I proceeded to leave the room, as if we were done talking! He had mentioned earlier in the conversation, that I needed an MRI. I agreed with him and told him about the failure the other doctors office had done about not sending the regular x-rays with the request to mu Insurance company.
Saturday I received in the mail an appointment date to have one on the 12/26/17 from his office. I am reluctant to have him carry on with this, but I must do so.... I am caught in a trap ! I have to have it done. So much time has passed since they first requested a MRI in Oct. I am going to go along with it even though he refuses to say this is due from my work ! I could go on and on ...
What do you think about this ? I am thinking I will do the MRI and then asked to be referred to another orthopedic surgeon Right ?
 
Reply
#72
Dec 20th 2017, received a letter from Ky labor cabinet. An application for resolution was filed. A benefit review has been assigned before a Judge on 04/12/2018.
It says within 45 days. Defendents shall file a claim denial or acceptance (form 111). If no Form 111 is filed; all allegations of the application shall be deemed admitted.
If denied I go to court with my Attorney in April. Lets just hope they do what is right !! I was injured on the job, from the job, and will fight this until my dying day !
 
Reply
#73
(12-30-2017, 04:06 PM)tinainky Wrote: Dec 20th 2017, received a letter from Ky labor cabinet. An application for resolution was filed. A benefit review has been assigned before a Judge on 04/12/2018.
It says within 45 days. Defendents shall file a claim denial or acceptance (form 111). If no Form 111 is filed; all allegations of the application shall be deemed admitted.
If denied I go to court with my Attorney in April. Lets just hope they do what is right !! I was injured on the job, from the job, and will fight this until my dying day !

Dec 26th 2017, I had my MRI. I am now waiting on the results, and will know when I go see ortho doc on Jan 3,2018.....
 
Reply
#74
(12-30-2017, 04:08 PM)tinainky Wrote:
(12-30-2017, 04:06 PM)Tinainky, Wrote: Tinainky
Boy that Dr you went to see appears to be a real bum to be nice about him. Injuries to other have 
absolutely NOTHING TO DO how your work effected your injury, or even the causation of it?? This Dr doesn't seem to be much help to you to show causation let alone a work injury at all. All that said it is up to the ALJ to determine causation but a Drs support would be helpful. I was looking into your states law and to get to the section I need to see I have to become a member of the site to get there. So I signed up but must wait for a determination to see if I am accepted. I will say this the proceedings has a freaking form to file for everything. ALL I was seeking was if your state had same rule as NJ which is in NJ all work must do is contribute 1% towards your condition to be a full work injury.


Please don't get down over that party as that is so small compared to what you are up against right now. Forcing you to work is a tactic the ins company uses to establish you are not totally disabled due to this injury which is still not out of the question. If your pain gets unbearable you MUST stop as this is your body telling you or a better way to put this its your body's way of WARNING YOU TO STOP. Your health is most important right now.
The good news is you seem to be pass the 1st hurdle and on your way to a hearing, but you are going to need an experienced WC specialist to represent you, as you need someone who knows all the tricks of this trade, as swell has some connections within the system as @WC is very political and thats unfortunate.

Once I get accepted into the law library then I will have more exact answers for you. I believe you and thats why I am stepping away from my field of expertise (NJWC) just to see if I can help you in any real way. I would begin asking around to other injured workers to see if they were happy with their lawyers work. Ask your family lawyer for a referral, and Call the State BAR once you have a name to check out there credentials as you will find out how long they held a licence in Ky, as well as all fields of expertise they may have. Experience counts in a case like yours. Try to remain relaxed if you can. I've worked on much more messed up situations and we came out on top. The lawyer you hire is the most important contribution you will make to your case so make it count or it will haunt you.

Sincerely
BUG    

Ps Please update me on your latest  




tinainkyDec 20th 2017, received a letter from Ky labor cabinet. An application for resolution was filed. A benefit review has been assigned before a Judge on 04/12/2018.
It says within 45 days. Defendents shall file a claim denial or acceptance (form 111). If no Form 111 is filed; all allegations of the application shall be deemed admitted.
If denied I go to court with my Attorney in April.  Lets just hope they do what is right !! I was injured on the job, from the job, and will fight this until my dying day !

Dec 26th 2017, I  had my MRI. I am now waiting on the results, and will know when I go see ortho doc on Jan 3,2018.....
 
Reply
#75
I go see the doctor tomorrow morning at 8 am. I may have told you; not sure about the day I seen him he told me the frozen shoulder is not from work ! I told him straight up as I was pointing to my shoulder, I know for a fact this is due from my work !!!
He is a number 1 .......I won't say. I must see him though for now, then I will seek an out of town Ortho doc.
I appreciate you trying to help me, and all the trouble you went through too. I will be waiting for more info....MY CONCLUSION of my MRI without contrast is:
Hypertrophic change acromioclavicular joint with minimal
impingement supraspinatus musculotendinous junction.
Supraspinatus tendinosis.
Very small joint effusion.
I think my attorney is component, he is an elderly gentlemen, and has helped me already with moving things along. waiting to hear from SSI in the mean time I have to borrow money from family and friends to help with all my bills, and I am sick to say the least.
 
Reply
#76
(01-03-2018, 12:49 AM)tinainky Wrote: Tinainky,

Sorry for my absence, Ive had major problems with my 20 yrs of opioid therapy. The PM DR had me find a shrink to prescribe my Valium, and once I did I learned why. This so called epidemic on opioids (I think they need to read the definition of epidemic) has all Drs trying to reduce dosing to 90mg of Morphine or equivalent. Thats about 1/12th of mt current patch dose. The shrink and therapist will see me 4X a month plus the PM DR 1X and they are seeking signs of suicide due to pain as well as try to control all my anxiety meds ie. Pristiq and Wellbutrin sr. This with wife losing her job and me getting a Medicare BCBS health plan. Each specialist has a 50$ per visit co pay, I got an 8$ a month raise in my SSDI. That alone makes me think of alternatives (just kidding) Its been a nerve racking few months for me, my reduction begins at the end of month and I should be ok for the 1swt 2 months but after that I will need to see. Anyway It was hard to find a shrink taking patients but I found one who appears to be on my side, but I dont prefer talking about my abusive childhood,to make things worst I was put on a CPAP machine at night and i now dream or recall my dreams and thats horror!!

So thanks for the MRI DX of" Hypertrophic change acromioclavicular joint with minimal
impingement supraspinatus musculotendinous junction.
Supraspinatus tendinosis.
Very small joint effusion.
" but this injury appears to not be permanently disabling according to a sight I read  @ http://www.healthhype.com/supraspinatus-...-tear.html


In any event pain is felt differently from patient to patient. Your best shot at winning you claim for a period of permanent disability from SSI is due to pain, thats how I got mine "spinal pain" & radiating pain down L leg. Its been my experience to always display the worst pain you have had due to any "chronic" condition. THERE IS NO QUESTION IN MY MIND THAT YOUR MRI DX IS WORK RELATED!!!  this DR saying no way has to be paid for by employer some how!! There is no way any DR can dismiss your line of work as causation I feel its fully the cause once Ilearned what you did.

Getting SS determination 4 total disability can only strengthen your WC position for total disability.

I have some VERY informative articles on getting disability fom SSA. Would you like to read them? Even though SS is federal each state has its own way of getting it, but with pain the requirements seem to be same in all states, so far?? It gives you tips and explains how the process works and there are 4 or 5 articles I recommend you read ASAP when filing for SSA Benefits.

Ic did fail to follow through with getting on that law site due to my absence I just have to start over again and as long as I can get online 3X a week I will be in.

I just wanted you to know  I was still alive but had to de    al with the pressing issues in my treatment and as soon as my wife goes permanent at her new job with 6 months as a temporary employee I must remain on this $$$$$$ draining Medicare plan.

Still with you Dear

Sincerely,
BUG        


I go see the  doctor tomorrow morning at 8 am. I may have told you; not sure about the day I seen him he told me the frozen shoulder is not from work ! I told him straight up as I was pointing to my shoulder, I know for a fact this is due from my work !!!
He is a number 1 .......I won't say. I must see him though for now, then I will seek an out of town Ortho doc.
I appreciate you trying to help me, and all the trouble you went through too. I will be waiting for more info....MY CONCLUSION of my MRI without contrast is:
Hypertrophic change acromioclavicular joint with minimal
impingement supraspinatus musculotendinous junction.
Supraspinatus tendinosis.
Very small joint effusion.
I think my attorney is component, he is an elderly gentlemen, and has helped me already with moving things along. waiting to hear from SSI in the mean time I have to borrow money from family and friends to help with all my bills, and I am sick to say the least.
 
Reply
#77
(01-18-2018, 08:28 PM)bugmann Wrote:
(01-03-2018, 12:49 AM)tinainky Wrote: Tinainky,

Sorry for my absence, Ive had major problems with my 20 yrs of opioid therapy. The PM DR had me find a shrink to prescribe my Valium, and once I did I learned why. This so called epidemic on opioids (I think they need to read the definition of epidemic) has all Drs trying to reduce dosing to 90mg of Morphine or equivalent. Thats about 1/12th of mt current patch dose. The shrink and therapist will see me 4X a month plus the PM DR 1X and they are seeking signs of suicide due to pain as well as try to control all my anxiety meds ie. Pristiq and Wellbutrin sr. This with wife losing her job and me getting a Medicare BCBS health plan. Each specialist has a 50$ per visit co pay, I got an 8$ a month raise in my SSDI. That alone makes me think of alternatives (just kidding) Its been a nerve racking few months for me, my reduction begins at the end of month and I should be ok for the 1swt 2 months but after that I will need to see. Anyway It was hard to find a shrink taking patients but I found one who appears to be on my side, but I dont prefer talking about my abusive childhood,to make things worst I was put on a CPAP machine at night and i now dream or recall my dreams and thats horror!!

So thanks for the MRI DX of" Hypertrophic change acromioclavicular joint with minimal
impingement supraspinatus musculotendinous junction.
Supraspinatus tendinosis.
Very small joint effusion.
" but this injury appears to not be permanently disabling according to a sight I read  @ http://www.healthhype.com/supraspinatus-...-tear.html


In any event pain is felt differently from patient to patient. Your best shot at winning you claim for a period of permanent disability from SSI is due to pain, thats how I got mine "spinal pain" & radiating pain down L leg. Its been my experience to always display the worst pain you have had due to any "chronic" condition. THERE IS NO QUESTION IN MY MIND THAT YOUR MRI DX IS WORK RELATED!!!  this DR saying no way has to be paid for by employer some how!! There is no way any DR can dismiss your line of work as causation I feel its fully the cause once Ilearned what you did.

Getting SS determination 4 total disability can only strengthen your WC position for total disability.

I have some VERY informative articles on getting disability fom SSA. Would you like to read them? Even though SS is federal each state has its own way of getting it, but with pain the requirements seem to be same in all states, so far?? It gives you tips and explains how the process works and there are 4 or 5 articles I recommend you read ASAP when filing for SSA Benefits.

Ic did fail to follow through with getting on that law site due to my absence I just have to start over again and as long as I can get online 3X a week I will be in.

I just wanted you to know  I was still alive but had to de    al with the pressing issues in my treatment and as soon as my wife goes permanent at her new job with 6 months as a temporary employee I must remain on this $$$$$$ draining Medicare plan.

Still with you Dear

Sincerely,
BUG        


I go see the  doctor tomorrow morning at 8 am. I may have told you; not sure about the day I seen him he told me the frozen shoulder is not from work ! I told him straight up as I was pointing to my shoulder, I know for a fact this is due from my work !!!
He is a number 1 .......I won't say. I must see him though for now, then I will seek an out of town Ortho doc.
I appreciate you trying to help me, and all the trouble you went through too. I will be waiting for more info....MY CONCLUSION of my MRI without contrast is:
Hypertrophic change acromioclavicular joint with minimal
impingement supraspinatus musculotendinous junction.
Supraspinatus tendinosis.
Very small joint effusion.
I think my attorney is component, he is an elderly gentlemen, and has helped me already with moving things along. waiting to hear from SSI in the mean time I have to borrow money from family and friends to help with all my bills, and I am sick to say the least.

Bug I am sorry I have not replied back until now... My Attorney advised me to stay off of this site,as the opposing Lawyer may use something on here against me.I will say this though, I did have my deposition on the 29th of January,and still not heard anything as of yet.I am sorry you are having to go through all of this bull. I would love to read what you have,that may help me. You are more than welcome to email me... Not sure how I can go about that though without posting it on here,unless they have a way on here to private message you.. Please let me know how to go about it.. I am interested in talking to you,and to tell you what they have prescribed me,and what they found out about my neck..
 
Reply
#78
By clicking on a posters name you will  access their profile. In the lower left of the profile page under contacts is a link to send a private message
Here's bugs:
http://www.workerscompensation.com/forum...&uid=10353
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know which state the claim was filed in to provide accurate information.........
 
Reply
#79
(02-11-2018, 01:50 AM)1171 Wrote: By clicking on a posters name you will  access their profile. In the lower left of the profile page under contacts is a link to send a private message
Here's bugs:
http://www.workerscompensation.com/forum...&uid=10353

Thank you very much. I sent him a message.Have a great day !
 
Reply
#80
Glad to help.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know which state the claim was filed in to provide accurate information.........
 
Reply
  


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