Supersedeas hearing what to expect?

[lfoster21]

This is an interesting thread. Backache, I am sorry that you had to go through this, it is just awful! For me, my Dr. sent me for an FCE, because he said that WC would undoubtly be asking for this and if he were to request it rather than wait for them to request it, I would be allowed to go to a person that he recommends. If WC made me have one done, it would be with their group and he explained that their group would be paid by them to make me look bad. So, for the future, I'd highly recommend everyone here, to have your Dr. refer you to have one done. The report that I got, from the one I did, matched exactly as I feel I am capable of. Even if at any point WC says that they want me to see their FCE person, we would have both their version as well as mine and the lady that did mine was not for or against me...she was just their to give her true insight. Most Judges, given the 2 test, would likely choose the one that had no biases.

Re. my actual test, she told me that 3 things could happen with every test. I could do it continuously until I was no longer able, I could choose not to do it or if she thought I was not safe by continuing, she would stop me. She said that if anything brought on pain, heart palpitations etc. to tell her, even if I thought I could still physically do the activity. There was a time that she stopped me, because it looked to her that it was becomming unsafe. I always told her, as I continued, to tell her how I was feeling and she took note of that. I do recommend at least starting every activity, because if they can not see you do it and see how difficult it is,,,they will have no choice but to just say you didn ot try and that would not look good in court. In my report, she noted everything that she witnessed, what I had mentioned throughout ea. test, & how I did over all. What she did not put in the report were opinions that she may have had. She only put in facts, which I thought was good, because regardless of her opinion, it may not have been how it really was.

As far as why you do all these different activities, even cardio type, for a wrist injury, an FCE test will test you from head to toe, from weight lifting, sitting, standing, walking, use of your fingers...anything that can show what you can and can not do for a job, will be tested.

The final thing that I have learned, at least here in VA, when they say sedentary, they don't necessarily mean you will be sitting most of the time...there is a list that states different jobs and the catagory that it fall under. For me, I was a secretary and that is considered a sedentary job. They don't look at the individual job, and for me, I had to find a different job, because my secretary job was anything but sedentary (filing, faxying, running to the phone [and leaning across the desk to quickly grab it w/in3 rings], taking weekly files to the store room and retreiving paperwork from the store room and the list goes on, to even include vacuming and dusting once a week). But because it was a "secretary's" job, WC considered it sedentary.

I wish you all the best.

[sparkey]

I am confused. Is this testing what i should expect for my rating? Is that what they do? Make you do things for 4-6 hours, like lifting, carrying etc? I had something like that done in the beginning of my injury before they put me on light duty. What exactly do they do at your rating appt? How long will it last roughly?

[Pooh]

Lilly

In my case, since I had HBP they had a heart monitor on me at all times to monitor my bp. This also helps to tell them if you are trying hard enough or not because as your trying your bp will go up. Well in most cases - you have to remember that your medication will play a role in this as well as one time mine actually didn't go up as it actually went down even though I did try my best. So that particular part of the test they said I wasn't trying hard enough........... lol

You can take with you any meds that you do need - ie diabetic, heart meds and of course pain meds to take after the test. I think I had to stop on the way home and get medication for a migraine since I won't drive on medication so tylenol had to do. The only thing I was told was not to take my pain meds the morning of the test which was difficult since I was on anti-depressants for pain not regular pain medications so I had to stop them a week prior to the test by stepping down off them.

[Still in Limbo]

Backache, to Answer Your Initial Question of what is a Superceadius Hearing, it's a hearing to Suspend, or stop Your Monetary Payments, and Health Care due to the Injury. They are trying, and believe Me they will try hard to take everything away from You.! I have been to One, which I Won, but I didn't and Wouldn't Walk into that One without an Attorney! You said they cut Your TTD back severely, and if You get an Attorney and they take 20% Back You will hardly have any Left, and I can Understand That. But if Your Attorney can Prove You should be Out of Work All Together, You should receive Full TTD again, minus the 20%, and that may turn out to be More than You receive Now!! You may want to Talk to a Few Attorneys, any of the Good Ones give the First Visit free, and You can get a better Picture of where You Stand!! Best of Luck, and I Hope You can find an Attorney to Help You! If I'm not Mistaken You're in Pa., if Your anywhere near Pittsburgh Please PM Me, and I May Have a Attorney to Help You!!

[Lilly]

Pooh,
My BP tends to drop when exercising (this happens during cardio stress tests regularly) but it is due to my heart problems and coronary artery disease....how can they say one isn't trying, as there are several factors that makes one BP drop during stress (the normal is it rises)? OMG....this is scary and I certainly hope I NEVER have to go through what you others have endured!!!
Lilly