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Rotator cuff , employer nightmare , - lombar - 10-13-2013

Hello out there , have had rotator cuff surgery under Workmans comp , 6 weeks ago , but no physcail therapy done , so far my ex employer has to refused to approve rehab , they laid me off 3 weeks ago, given a letter that my position has been eliminated and i would not be rehired. The place i work has been on the news a lot and has laid off 1000 others as well , but cannot get them to respond to approving my wc rehab , what to file with who ? would i go back to the Labor Board to file a complaint ? first when i fell and hurt myself they refused to allow me to see a doctor, file a compliant myself, took 6 weeks but the state order my visit , which was deened work related, then doctor restricted me and sent me home, then they refused to aprove required surgery, file a compliant , state order them to follow thru , then they approved surgery , but no ttd check, back to the state , state order them a start ttd benfitt , then had surgery now they have refused to pay for rehab. very tired of this marry go round. Is this just normal process or are they misstreating me, because of the delay in rehab ?
Sorry TN is the STATE


RE: Rotator cuff , employer nightmare , - 1171 - 10-13-2013

"state" covers a lot of different agencies so that is not very helpful.
I would assume it was the Workers Compensation Division that you delt with and made the previous rulings.
without knowing the evidence your employer has to support their denials I cannot characterize their behavior.
it's probably more normal for questionable cases and not normal where the evidence clearly supports the benefit.
is your employment covered by FMLA?
if so, you have 12 weeks of job protection while you are off work.
more on FMLA here
http://www.dol.gov/whd/fmla/
if your employment is not covered, then they are not required to hold a job or create one for you.
as far as appealing the denial of treatment you should be filing for penalties
http://www.tn.gov/sos/rules/0800/0800-02/0800-02-13.20130623.pdf

you probably need a benefit review conference.
more information here
http://www.tn.gov/labor-wfd/wcfaq.shtml#WCbenrev

to help set one up contact a specialist
call 1-800-332-2667 (within Tennessee) or 615/532-4812. If the representative cannot resolve the issues, a Workers' Compensation Specialist can assist in resolving disputes.



RE: Rotator cuff , employer nightmare , - lombar - 10-14-2013

Thanks for the reply , I will go back to the labor board and require those documents , not worried about the loss of job , how they have treated me shows its not a place that i contiune to work at , they have shown their dark underside. my biggest concern is no physical Therapy now for 6 weeks after the surgery , Not good for rotator cuff injury. Thanks


RE: Rotator cuff , employer nightmare , - Manley2 - 10-14-2013

Thats one of the troubles with the way things work. They delay things and it cause us more pain and suffering which they don't have to pay for so they could care less. And there is nothing in place that works fast to get things resolved very quick and get things like your PT after surgery. Remember once you are injured you become a number to them and they want to get you to go away and cost them as little as possible. You have to fight to get the treatment and care you need to get better


RE: Rotator cuff , employer nightmare , - 1171 - 10-14-2013

try your health care provider. often they can pickup treatment denied by comp.



RE: Rotator cuff , employer nightmare , - Manley2 - 10-14-2013

1171 has a good idea. When comp was screwing around and denying me my insurance paid for my SCS.