Case Closed

[NanaC]

It has been a long time since I have been on the site. I went on the WC website on Friday and seen my case had been closed. I live in Indiana. I was injured in April 2005. Shortly after being hurt I hired an attorney because between the i/c adjuster and the pain I couldn't handle it. I had an anterior cervical fusion that did not fuse. Then they approved a posterior fusion with hardware. This was done by i/c doctor. He said it fused. But after FCE he said I could not return to my job which was construction. He said I was 25% whole body. I disagreed because real bad pain and pressure. WC sent me for an IME. He said I was totally disabled and needed more medical attention. I/C sent me back to the doctor that did my surgery he said I was at MMI. I asked to be sent to pain management he refused and said go to my family doctor and get pain pills because that is what pain management is. They stopped my TTD the first time he said I was at MMI. My attorney would not try for pm he said go to my family doctor and get pain pills. Sorry so long. I have so much pressure on my neck I can't hardly function. I can't see a doctor because my neck isn't covered by my primary health insurance. The pain pills do not help the pressure. My attorney has done nothing to help me. He said if I needed him to send my family doctor a letter to give me more pills he would. I never have any kind of communication unless I call him. He said 2 months ago we would probably go to trial in June so I have been watching the wc board website to see if it had been scheduled that is when I seen my case has been closed. I don't know what to do. I called his office got the secretary she doesn't know why it is saying it is closed and he never bothered to call back. Does any body have any suggestions? I have never had a hearing and I've been released since Feb. 2007. Any kind of input would be greatly appreciated.

[stiffnecked]

Your going to have to suck it up and start taking the bull by the horns.
I'm in the same boat as you. My ACDF at C5-6-7 did not fuse either. Just found this out 2 months after demanding a second opinion from another surgeon.

You are probably going to have to find an attorney that deals in legal malpractice. If your original attorney didn't file for a hearing and let the statute of limitations run out then he's the one that should be in deep bull pucky....Plus, you need a new attorney to take your case.

As for dealing with the lawyer you have now, your going to have to go pay him a personal visit. You know where his office is at, go sit in it until he see's you. Even if you have to go back multiple times. Take someone with you and don't be intimidated.

[sparkey]

You said that you were at MMI and 29% disabled. Did you receive a permanent impairment award? I am just curious, as I am now awaiting my IME report that I was sent to last week for the WC IC.

I am really curious on what my IME doctor will say. As far as your lawyer, I would say get rid of him. He sounds like nothing more than a headache and can cause you more stress than needed. You need to find one that will do what you are asking for to be done. Not just playing games with you like this one seems to be doing.

I know and most on this site know how it is to live with pain. I highly recommend pain management and if it was not for them I would be living a terrible life of pain in bed and not getting out all day. Medicine helps me to be able to function in this life. You should not be denied that. What are their reasons besides saying your primary care can prescribe pills? My primary care does not care to prescribe narcotics and would never do that for me.

I wish you alot of luck in trying to get rid of the pain you have or at least be able to get the help to keep you comfortable to be able to function everyday. I would start with a new lawyer.

[NanaC]

Thanks for your input Stiffnecked. I was hoping you would respond. I have questions about your neck pain. Do you have a lot of pressure on your neck? If so how are they treating it? Pain medication and muscle relaxers do not help me. The pressure increases through out the day even if I am sitting or laying down. It seems like there should be something to relieve this pressure.

[hurt at work]

its time to find a lawyer that will do something for you not you do something for them..... a good lawyer would fight for you,one for more help,two more money.the more they get you the more they get. well some that is.do what you have to do for you not ur attorney.if you done care about you first that know one will but YOU.its your life on the line not theres.fight these people dont let them get the best of you.best of luck dont give up yes its a pain but you have to fight.hurt

[stiffnecked]

Right now they aren't treating it. They are just giving me pills. All kinds of pills. I'm having a little bit of luck with the Gabitril, not sure that spelled right. The pressure in mine get's worse throughout the day and by the evening it's enough to drive you nuts. Sometimes an ice pack will help. I wish I had an answer.

The surgeon said he needs to cut me open again and redo everything the last surgeon did. He said even then there is no guarantee that would help. My attorney is doing something I just not sure it's on my case though. But I do call him weekly. He's in another state, 4500 miles away, and even with that I flew up there last summer and sat in his office until he showed up.

[NanaC]

Sparkey In reference to your question, no I have not received permanent impairment award.

[sparkey]

so if they put you at 25% whole body and put you at MMI , how come they have not even offered a settlement? I am just curious as it has been 3 yrs for you and I just had my PIR and was put at MMI and got my PIR rating and just had a IME for the IC lawyer and thought that is when they finally do the impairment award?

I do not know what the IME doctor said yet, but hopeing that I can finally get the recurring carpal surgery done, so I probably will not be getting the permanent impairment award yet either. I have no lawyer by choice as of now, unless the IME comes back with something I do not agree with, then I will get one. I just do not know what will happen next. Guess I will have to just wait and see.