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full of questions WV Worker Comp.
09-19-2009, 01:08 AM
Post: #1
full of questions WV Worker Comp.
Just to give you some background: I was injured 3/08. I worked as a civil service firefighter and was injured while in the proformance of my duties on a car accident removing a patient from a vehicle. Initially I had r rib pain (10) throughout the entire r rib cage with some pain (2) in the mid t spine area of my back all documented on my initial ER forms. Approxiamately 3 weeks later began having more back pain and numbness starting in feet and over several months went up the legs to my body trunk. I agreed to return to work 6/03/08 and did light duty for 3 weeks till the numbness, pain, and incontence forced me to quit working again. My doctor sent me to Charleston where they finally diagonis me with 2 ruptured disc t8 t9 and transverse mylitus caused by the ruptured disc. I had to contact the WC about the need to send me to another doctor in Charleston @ one week prior to going. On the day I went WC contacted me and stated they where closing my case and they believed that the back was not part of my injury. Their own doctor said I was not able to return to work and need to see a Neurosurgen just days before. I got a lawyer the next day and have won each level of court and I am now waiting for the Board of Review to give me their decision. I am unable to return to work ever again as a firefighter (I'm 43) verified by to indepented doctors at WVU for my disablity pension and have numbness still in one leg and part of the trunk and constant back pain and may be facing surgery soon. I have already been disable retired from my job but have a pile of hosp/doctor bills and meds that I'm paying out of pocket. DHHR will not help due to making to much and Union will not get involved till my case goes to supreme court to set statue. Have been turned down for all SSD and SSI as well. Still waiting on PPD with WC as well. My lawyer has advised me not to try to find a job till I get the PPD and I know for a fact that WC has been watching me. My time with the Lawyer is tied up with the facts mainly of my case and I rarely remember to ask these.
Questions: Has anyone been through the same treatment from WV WC? Denied the day you sought a more compendent doctor? Has anyone been past the Board of Review and how long did it take to go through the State Supreme Court System or the Board? Has anyone settled with Comp and gotten past hospital/doctor bills paid and/or possible future ones? I hope to get back pay from the time they closed my case till now, any ideals? Ive been told I will have to take meds for the TM for the rest of my life, has anyone had their Prescriptions added to there settlement?
Sorry so long of a post but these are the facts in short.Smile
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09-19-2009, 11:19 AM
Post: #2
RE: full of questions WV Worker Comp.
Hi, and Welcome to the Forum! I'm Sorry I'm not from Your State, but at the Top of this Page there is a Tab with "State Info." that May be able to Help You until Someone with More Knowledge of Your State Answers You! My Best, and I'm Sure Someone will be along to Help You Soon!!Wink

Failed Back Surgery, Chronic Pain, Totally Disabled.

Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!!
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09-19-2009, 08:05 PM
Post: #3
RE: full of questions WV Worker Comp.
thanks still in limbo. I checked out the info on my state and not much there that I wasn't a where of. But I do Appreciate it!
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09-20-2009, 12:40 PM
Post: #4
RE: full of questions WV Worker Comp.
wvcapt10 Wrote:Just to give you some background: I was injured 3/08. I worked as a civil service firefighter and was injured while in the proformance of my duties on a car accident removing a patient from a vehicle. Initially I had r rib pain (10) throughout the entire r rib cage with some pain (2) in the mid t spine area of my back all documented on my initial ER forms. Approxiamately 3 weeks later began having more back pain and numbness starting in feet and over several months went up the legs to my body trunk. I agreed to return to work 6/03/08 and did light duty for 3 weeks till the numbness, pain, and incontence forced me to quit working again. My doctor sent me to Charleston where they finally diagonis me with 2 ruptured disc t8 t9 and transverse mylitus caused by the ruptured disc. I had to contact the WC about the need to send me to another doctor in Charleston @ one week prior to going. On the day I went WC contacted me and stated they where closing my case and they believed that the back was not part of my injury. Their own doctor said I was not able to return to work and need to see a Neurosurgen just days before. I got a lawyer the next day and have won each level of court and I am now waiting for the Board of Review to give me their decision. I am unable to return to work ever again as a firefighter (I'm 43) verified by to indepented doctors at WVU for my disablity pension and have numbness still in one leg and part of the trunk and constant back pain and may be facing surgery soon. I have already been disable retired from my job but have a pile of hosp/doctor bills and meds that I'm paying out of pocket. DHHR will not help due to making to much and Union will not get involved till my case goes to supreme court to set statue. Have been turned down for all SSD and SSI as well. Still waiting on PPD with WC as well. My lawyer has advised me not to try to find a job till I get the PPD and I know for a fact that WC has been watching me. My time with the Lawyer is tied up with the facts mainly of my case and I rarely remember to ask these.
Questions: Has anyone been through the same treatment from WV WC? Denied the day you sought a more compendent doctor? Has anyone been past the Board of Review and how long did it take to go through the State Supreme Court System or the Board? Has anyone settled with Comp and gotten past hospital/doctor bills paid and/or possible future ones? I hope to get back pay from the time they closed my case till now, any ideals? Ive been told I will have to take meds for the TM for the rest of my life, has anyone had their Prescriptions added to there settlement?
Sorry so long of a post but these are the facts in short.Smile

Hi,
Your case sounds similar to mine . I was injured may 9th. I am a nurse and I was doing a treatment on a pt. and he slipped and I braced him with my R arm . I told the charge nurse within minutes and filled out a incident report. My supervisor was notified right away too . My supervisor asked if I needed to go to the ER or can I finish the last hour of my shift since I only had charting to do . I took Advil 800mg and was not in too much pain so I thought I was ok , but with the understanding sometimes symptoms show later our floor is told no matter how minor fill out an IR . I never usually do and never had a real problem except soreness . I went out with the charge nurse and by 7pm I experienced shooting electrical pain that was so intense I told my friend I had to go to the ER . I drove with my left hand and the Er said I had multiple strains , gave me a sling and meds . The fight started I went to WC Drs and one by one they said I cannot work and they finally diagnosed me with a herniated disc C6 - T1 with spinal stenosis and a narrowed foraminal . I was told by their own Dr.s I needed a keyhole foraminotomy at C7 - T1 level . Workmans comp has cut my benefits multiple times without hearing . In fact they are a month behind and I received a form 36 stating they are intending to discontinue benefits . My attorney has told me they cannot do so without hearing as they did before , but still no check . They said to wait 3 more days and I should receive it . My mortgage is due and I just modified my loan due to high interest and fees while I was in nursing school and unable to pay 2800.00 a month . My mortgage is now 961.00 but if I don't make this 3rd payment I go straight into forclosure . My electric bill went sky high and my agreement with them is 245 a month and if I miss this months payment I am kicked off thier program and owe 3,000 or so and will have no electricity . My water is about to be shut off ! All because I was injured . I have been accused of my injury happening before my employment in 2007 , then it never happened at all , than I had a minor fender bender on Easter after driving hours home from family. No earbags went off police came I was only traveling about 5-10 miles I was at a stop sign on my road turning left . I hit the guardrail which did not move more than a inch . My repair bill was 13,000 because I have a Jaguar so WC cut me off until I proved them wrong with Geicos statement plus I worked for a month after . They have accused me of lying , drug seeking , hypochondriac , and the latest they had me see a neuro -psych Dr. to say I was to nervous to have surgery after proving that was incorrect due to I had a surgical procedure in June for hormonal issues that the Dr. said we can try and it may not even work , but I opted to try . So now I am back to its all in my head and I have a conversion disorder so I can not work , ( I love my job and actually doing further on line classes to further my nursing career, not to mention the extra 20,000 I have put myself into debt without money coming in) maintain the sick role ( I love to workout , swim , hike , travel , garden....ect ) and live off the system which like you I own to much to qualify for any benefits . The final reason is so I can continue receiving narcotics !!!!! I have this strange way of taking controlled meds , I am allowed 6 a day , but every 3rd day I take only 2 if needed . My Drs know I am like that but I first don't want my body to be phyically dependent on medication . I thought the battle was over because last hearing my benefits were continued , they accepted my claim , and I had 1 last neurosurgeon exam so I will have 4 or 5 Drs saying Surgery is needed and the one neurosurgeon that was my Independent medical examiner who stated my injury is related to the injury , but he suggested Cymbalta a antidepressant/pain tablet ! Not to mention this IME was a Dr from the National defense network for workmans comp. and he just gave a lecture a month earlier in my state on " How not to preform procedures or surgery on workmans comp. pts ! I again was able to fight him too . I am so depressed over this . Many people say these WC cases can last years , but my attorney said my case has been the fastest case they ever had . It's been over 4 months . I thought I was almost done . Also the workmans comp defense Dr. said he wanted to rule out causalgia which I do not have and my doctors say I have no signs or symptoms at all , but to speed things up I feel like I have to rule this out or else they will drag this out longer so on Tuesday ( in 2 days ) I am registered to have a Dr. inject my neck with needles and medicine that will not help and who knows what damage it may cause . From what I understand as soon as you reach your max. medical improvement you are tested to see the degree of disability , lost muscle strengh , future bills , ability to work in your chosen feild , ect. in your case the settlement should be a lot hundreds of thousands and what your yearly salary for the rest of your life or at least that is what happened with someone I recently spoke with . I want to go back to work and I really resent living like this and because hospital I worked for needed 3-11 staff I helped them out by changing my hours and cutting them down temporary and now I am considered part time and living on 440 a week . You can see why they think I would like to stay home with a lifestyle like that ! It does not even cover mortgage , electric and food . I know I rambled but I have been quiet and in shock for 3 days now . let me know how you are doing . I probably didn't help much , but I hate to say most WC targets suffer the same horrific treatment . I don't know how they can work knowing they are wrecking peoples lives . If you want to email me privately my email is Kimberlylia @aol.com . I guess we have to take it one day at a time .
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09-20-2009, 12:41 PM
Post: #5
RE: full of questions WV Worker Comp.
lpninct Wrote:
wvcapt10 Wrote:Just to give you some background: I was injured 3/08. I worked as a civil service firefighter and was injured while in the proformance of my duties on a car accident removing a patient from a vehicle. Initially I had r rib pain (10) throughout the entire r rib cage with some pain (2) in the mid t spine area of my back all documented on my initial ER forms. Approxiamately 3 weeks later began having more back pain and numbness starting in feet and over several months went up the legs to my body trunk. I agreed to return to work 6/03/08 and did light duty for 3 weeks till the numbness, pain, and incontence forced me to quit working again. My doctor sent me to Charleston where they finally diagonis me with 2 ruptured disc t8 t9 and transverse mylitus caused by the ruptured disc. I had to contact the WC about the need to send me to another doctor in Charleston @ one week prior to going. On the day I went WC contacted me and stated they where closing my case and they believed that the back was not part of my injury. Their own doctor said I was not able to return to work and need to see a Neurosurgen just days before. I got a lawyer the next day and have won each level of court and I am now waiting for the Board of Review to give me their decision. I am unable to return to work ever again as a firefighter (I'm 43) verified by to indepented doctors at WVU for my disablity pension and have numbness still in one leg and part of the trunk and constant back pain and may be facing surgery soon. I have already been disable retired from my job but have a pile of hosp/doctor bills and meds that I'm paying out of pocket. DHHR will not help due to making to much and Union will not get involved till my case goes to supreme court to set statue. Have been turned down for all SSD and SSI as well. Still waiting on PPD with WC as well. My lawyer has advised me not to try to find a job till I get the PPD and I know for a fact that WC has been watching me. My time with the Lawyer is tied up with the facts mainly of my case and I rarely remember to ask these.
Questions: Has anyone been through the same treatment from WV WC? Denied the day you sought a more compendent doctor? Has anyone been past the Board of Review and how long did it take to go through the State Supreme Court System or the Board? Has anyone settled with Comp and gotten past hospital/doctor bills paid and/or possible future ones? I hope to get back pay from the time they closed my case till now, any ideals? Ive been told I will have to take meds for the TM for the rest of my life, has anyone had their Prescriptions added to there settlement?
Sorry so long of a post but these are the facts in short.Smile

Hi,
Your case sounds similar to mine . I was injured may 9th. I am a nurse and I was doing a treatment on a pt. and he slipped and I braced him with my R arm . I told the charge nurse within minutes and filled out a incident report. My supervisor was notified right away too . My supervisor asked if I needed to go to the ER or can I finish the last hour of my shift since I only had charting to do . I took Advil 800mg and was not in too much pain so I thought I was ok , but with the understanding sometimes symptoms show later our floor is told no matter how minor fill out an IR . I never usually do and never had a real problem except soreness . I went out with the charge nurse and by 7pm I experienced shooting electrical pain that was so intense I told my friend I had to go to the ER . I drove with my left hand and the Er said I had multiple strains , gave me a sling and meds . The fight started I went to WC Drs and one by one they said I cannot work and they finally diagnosed me with a herniated disc C6 - T1 with spinal stenosis and a narrowed foraminal . I was told by their own Dr.s I needed a keyhole foraminotomy at C7 - T1 level . Workmans comp has cut my benefits multiple times without hearing . In fact they are a month behind and I received a form 36 stating they are intending to discontinue benefits . My attorney has told me they cannot do so without hearing as they did before , but still no check . They said to wait 3 more days and I should receive it . My mortgage is due and I just modified my loan due to high interest and fees while I was in nursing school and unable to pay 2800.00 a month . My mortgage is now 961.00 but if I don't make this 3rd payment I go straight into forclosure . My electric bill went sky high and my agreement with them is 245 a month and if I miss this months payment I am kicked off thier program and owe 3,000 or so and will have no electricity . My water is about to be shut off ! All because I was injured . I have been accused of my injury happening before my employment in 2007 , then it never happened at all , than I had a minor fender bender on Easter after driving hours home from family. No earbags went off police came I was only traveling about 5-10 miles I was at a stop sign on my road turning left . I hit the guardrail which did not move more than a inch . My repair bill was 13,000 because I have a Jaguar so WC cut me off until I proved them wrong with Geicos statement plus I worked for a month after . They have accused me of lying , drug seeking , hypochondriac , and the latest they had me see a neuro -psych Dr. to say I was to nervous to have surgery after proving that was incorrect due to I had a surgical procedure in June for hormonal issues that the Dr. said we can try and it may not even work , but I opted to try . So now I am back to its all in my head and I have a conversion disorder so I can not work , ( I love my job and actually doing further on line classes to further my nursing career, not to mention the extra 20,000 I have put myself into debt without money coming in) maintain the sick role ( I love to workout , swim , hike , travel , garden....ect ) and live off the system which like you I own to much to qualify for any benefits . The final reason is so I can continue receiving narcotics !!!!! I have this strange way of taking controlled meds , I am allowed 6 a day , but every 3rd day I take only 2 if needed . My Drs know I am like that but I first don't want my body to be phyically dependent on medication . I thought the battle was over because last hearing my benefits were continued , they accepted my claim , and I had 1 last neurosurgeon exam so I will have 4 or 5 Drs saying Surgery is needed and the one neurosurgeon that was my Independent medical examiner who stated my injury is related to the injury , but he suggested Cymbalta a antidepressant/pain tablet ! Not to mention this IME was a Dr from the National defense network for workmans comp. and he just gave a lecture a month earlier in my state on " How not to preform procedures or surgery on workmans comp. pts ! I again was able to fight him too . I am so depressed over this . Many people say these WC cases can last years , but my attorney said my case has been the fastest case they ever had . It's been over 4 months . I thought I was almost done . Also the workmans comp defense Dr. said he wanted to rule out causalgia which I do not have and my doctors say I have no signs or symptoms at all , but to speed things up I feel like I have to rule this out or else they will drag this out longer so on Tuesday ( in 2 days ) I am registered to have a Dr. inject my neck with needles and medicine that will not help and who knows what damage it may cause . From what I understand as soon as you reach your max. medical improvement you are tested to see the degree of disability , lost muscle strengh , future bills , ability to work in your chosen feild , ect. in your case the settlement should be a lot hundreds of thousands and what your yearly salary for the rest of your life or at least that is what happened with someone I recently spoke with . I want to go back to work and I really resent living like this and because hospital I worked for needed 3-11 staff I helped them out by changing my hours and cutting them down temporary and now I am considered part time and living on 440 a week . You can see why they think I would like to stay home with a lifestyle like that ! It does not even cover mortgage , electric and food . I know I rambled but I have been quiet and in shock for 3 days now . let me know how you are doing . I probably didn't help much , but I hate to say most WC targets suffer the same horrific treatment . I don't know how they can work knowing they are wrecking peoples lives . If you want to email me privately my email is Kimberlylia @aol.com . I guess we have to take it one day at a time .
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09-20-2009, 12:43 PM
Post: #6
RE: full of questions WV Worker Comp.
I am sorry I wrote a book ! I also did not proof read . Excuse the errors or run on sentences . Take care and email if you want . Kimberly
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09-20-2009, 06:50 PM
Post: #7
RE: full of questions WV Worker Comp.
Ipninct,
I can sympathize with you and what happened on your job. I have a stepmother and 2 cousins that work in a hospital and all three have had injuries, not quite as severe as yours, but it seems that medical workers are just like firefighters and police officers (my youngest stepbrother is a State Trooper) always receiving injuries in the line of duty. I’m glad your case is moving so fast. Mine has seemed so drawn out with the courts and waiting periods and 2 appeals by their lawyers. I would love to return to work as a firefighter again but realize it will never happen. I spent 26 years doing that job since I was 18 years old. I grew up on a farm and have known nothing but work since I was young and this sitting around and not being able to do very much just drives me stir crazy. Plus my wife has changed from a job she loved to one that she works crazy shifts just so we can meet the bills. My disability pension from the fire dept is about 700 dollars less than what I would have gotten seven years from the time of my injury when I would have met all criteria for full retirement and I pay out over 51 % of it on the doctor/hospital bills that WC should be paying. The rest won’t cover the living expenses we all have including the mortgage that would have been paid off in 5 more years if I could have continued working. The worst part of it is the 2 kids of mine are teenagers still in school and they have had to adjust from having a little bit of fun money for us to do things with to having nothing at all. Their real troopers though and offer up what little money they have from their 5 dollar a week allowances we still try to give them for cores around the house when things are really tight. I have gotten a lot of family support and moral support from all the workers in the City I worked for in all the departments including administration who have even submitted letters on my behave that they support my claim. I hope everything goes good with your treatments. I find out in two weeks what course my own will be going. It’s always good to be able to share your worries with others or they become such a burden I don’t see how anyone could contain it all in. everywhere you look on this forum people seem to be going through the same miseries with worker compensation. Just as my lawyer has said they try to wear you down till they can’t push it any further and expect you to roll over and take what they offer you and like it. The Heck With That! I say. I’m one tough son of a gun who has faced death many times in my life and career and I’m going to stick to it and get what is owed me even if I go broke in the process. I say stay in the fight Ipninct. Thanks for responding and sharing!
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09-21-2009, 09:46 AM
Post: #8
RE: full of questions WV Worker Comp.
let me know what happens . Do you have a hearing ? I received a check an so I will have my mortgage , electricity , cell , car insurance and even water ! I assume they were threatened by my attorney . I hope the checks keep arriving . My husband is layed off so money is tight . I never had a budget and I an not liking it at all . I applied for social security and disability , but I will not hear anything for awhile . For some reason my hospital started depositing money in my account . I don't know why because I have used all of my PTO . What state are you from .
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