I dont know where to go

[CleaverNameHere]

History:
I work in a resturant in Orlando, FL.
Back in January 2009, I was out with family running around a field at a playground with my kids. The next day my legs were sore from running around so much (I'm a little out of shape), but absoultely fine to return to work. That night at work I came in and had to reset my station with stacks of plates and bowls. I also had to restock the cooler with hotel pans and sheet trays of items that I'll need for that night. After about 3-4 hours into work I got a sharp pain in my groin after putting a hotel pan full of bread pudding in the bottom of a cooler. I told my Manager and he told me to go home early and to see how it feels tomorrow. When I came in the next night I told him that the area was swollen and in pain. I worked though my shift and talked to him later that night. He asked me if I could of hurt myself with my kids. I told him that I dont know exactly how it happened. I told him that I need to go to the doctors. He just told me to use my health insurance. (Like I have seen them do to many other people there) I asked if there was anything I need to fill out and he said no. Two days later I went to the doctors and found out that it was a pulled muscle. So I returned to work and told my manager what was wrong and that I just need to watch what I lift.
About a month later the GM found out about my pulled muscle and told me to go back to the doctors to get a note. I was sent home after 20 minutes of working. I got an appointment the next day. Was told it was a possible Hernia and had to go get a CT scan. I returned back to work and was not aloud to lift no more than 10 pounds. I was told to work that night. Later that night I was told to go home and not to return till I have surgery. Again I asked if there was any paper work that I needed to fill out. I was told that there is no point since my manager told my GM that this happened with my kids. I told him that was not true. He just said it was to late.
I finally went to a Surgeon. He told me that it is a textbook hernia. Asked me if this was a w/c case. I told him about everything that was happening. He setup a Surgery date. I went to work to drop off the note. I asked about filling out w/c paper work again and they changed the topic quick. I asked about disability. I was told we dont carry it. But I was told that I could file for FMLA. I went home that night and called the Employee assistance office and told what had taken place. They got ahold of work and got my w/c filed. I was contacted by their insurance comp. and was told to cancel my surgery date, for they will not cover the bill.
So at this point I have been out of work for a month and it took w/c another month to say that I was denied. I started looking for a way to petition the denial. I contacted a lawyer that seemed like a good idea. They filed the Petition for me and told me that they were trying to get me a doctors appointment through w/c and a surgery date. It took about another month when the lawyer told me that w/c was going to be denied. W/c was going to stick with the story that this happened with my kids. So we set a date for a deposition. I got a letter from work that I have to return back to work and if I miss anymore days I will be fired. So I called my lawyer about this and was advised to go have my surgery. Just let my Health Issureance pay for it. I had surgery 2 days later.
The day of the deposition I had to go to the the lawyers office and was told that the Deposition was going to take place. The lawyer told me he didnt want to ruin my creditability or get fired from my job. He told me to contact him if I get fired or if I have any pain from my surgery. (since my surgery was only 3 weeks prior) I asked him, so I will see nothing from this and I just spent 4 months at home not working for no reason. If I would of know that this is how it was, I would of had surgery months ago.



So now I sit here with no clue where to go. This can't end like this.
Please any help would be nice. I just want to know what my options are and if I can anyway still fight W/C denial.

[capricorn]

Hi and welcome. Sorry you went through this and are still going through these problems. WC is a horrible system. I don't think I am understanding why your attorney feels he/she could ruin your credibility. Through your depo did you start the way you started this post that you were running around with your kids. From what you have said here that has nothing to do with anything. You felt the pain at work hence that's where it happened. I understand your job and understand how you were injured. It's a lifting injury. Please make it a lilttle clearer where you stand and what you are asking. Since you have an attorney and have petitioned the WC Bureau now would be a wait and see kind of game. There is alot of waiting, alot of stalling. If anything was said by you to insinuate that you did this while running around with your kids that's what the problem is and your supervisor is hanging onto that statement. If on the other hand your employer has just assumed this you will have a fight ahead of you but a good chance of winning. When you told your employer you didn't know how it happened that was the beginning of WC problems. Please fill me in a litttle more and I am wishing you the best of luck.

[CleaverNameHere]

I was scheduled a depo but when i got to the lawyer's office he cancelled it. He told he was cancelling it because if I went through with it I would most likely be fired. He also said that they would ask me the same questions just in different ways to mess my story up so that they could bring a lawsuit against me. I was very confused on what was happening. I came home and called workers comp to ask if they could fire me or bring a lawsuit against me. They told me no that would be retailation. So now I'm VERY confused. It feels like my lawyer is lying to me. I was also told by my lawyer that the mediation that is scheduled is now cancelled and that my case is basically done unless I do get fired or I start feeling pain.


Just to try to be clear, I felt a stabbing pain at work when I was putting away a heavy hotel pan in a cooler. When I told my manager I was in pain I told him I had felt a sharp pain AT WORK. However when he asked me how it happened I said I was not sure. I told him what I was doing when I got the pain but I didn't know what the pain was. At the time I thought it could be a pulled muscle, (maybe I did this running around with the kids, maybe not), it could be a hernia, it could be a tumor. I just didn't know, that's why I told him that I was going to go to the doctor's right away.

[1171]

you can change attys at any time. there will be a single fee that's shared.

[capricorn]

I agree with 1171. If you need to speak to another attorney adn possibly change then that's what's best. Your attorney makes no sense to me< Sounds like there is a missing piece of the puzzle. I have never heard of an attorney cancelling a depo so an IW doesn't get fired unless there's something that 's been said that could hurt you.

[CleaverNameHere]

Thanks. My girlfiriend and I don't understand either. We knew it would be a difficult case because it is not a cut and dry injury. What I mean is it wasn't like a cut finger where you know exactly what happened and when. My lawyer did mention that my job would fight this all the way because they are having fianicial difficulties. Every company must be feeling this now with how the economy is. I believe that my lawyer just doesn't want to deal with me anymore and doesn't want to put the time into a case that is going to be hard to win. I did ask my lawyer if I owed him anything and he said no. I then asked him again if my case was over and he said yes unless my job fires me. Do I have to have a paper releasing me from my lawyer? I really don't trust my lawyer after this depo stunt and would like to change attorney's.

[sparkey]

Your hernia could of started because of working and when you were playing with your kids it got worse. There is really no proof that it did NOT happen at work so you have a good chance at using this as a WC injury. That would be up to the lawyer and company to fight it out. Your job requires heavy lifting and bending and such so how could they prove it did not happen there? It could be aggrivation from work.

I would definitly go to look into another attorney as you will probably have a little fight on your hands to prove who is liable to pay. This is just my thought and I could be wrong, but I do not think it happened overnight just playing with your kids. I think I read you did have the surgery with your own insurance and if that is so then good. Glad to see you did not wait for WC to pay for it as you should have something like that fixed right away.

My husband had two hernia's and he is a hard working man and lifts alot of things around the yard like he is Hercules. I keep telling him to stop being so foolish and let the equipment we have do it for him. He didn't listen of course and that is how he had this happen two times. They now inserted a wire mesh that is very strong so that if he does this again everything will stay inside where it should be...lol.

[Still in Limbo]

My Suggestion would be to get a Letter Releasing You from the Other Attorney, and start Looking for another. Now where I think Your Whole Problem Started, and why You were Denied was when You were asked "How it Happened" You said You didn't know! You Failed to Explain that the Pain Occurred while Lifting the Pan. You need to Make this Very Clear to Your New Attorney, and also anything Else that You May have Said to Your Employer such as if You Mentioned You were running around with the Kids. That Actually, and with the Correct Attorney should be Easily Overcome because the Pain was Clearly felt after Lifting the Pan at Work, and that should, Again with the Correct Attorney, Hopefully Change the Outcome. This Case is going to be Very Tough, due to the way You answered that Question, and Many Attorneys want the Easy Cases such as Your Last One, so You are going to have to Find a Fighter, that Embraces a Challenge! My Best to You, and I Hope You find an Attorney that's a Fighter!!

[CleaverNameHere]

Thank you Sparkey and Still in Limbo. I appreciate the incouragement and laughs. I plan on calling my current lawyer and getting released from them and starting the fight with a new lawyer. I'll keep you posted.

[Still in Limbo]

Your Welcome, and that's a Great Attitude to Have, Go Get 'Em!!