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In a fog
#1
In California
Thought I may get some insight from the forum as I am in a daze. I do have an attorney, and he is working on my case. I am guessing he is also stuck as we are all in cement right now; not moving.
I was put at MMI in December 2010. The defense attorney for the insurance company, who chose the doctor to do the AME, depo’d the doctor as they feel he gave me too high a rating (they voiced they did not want to pay the lifetime (I forgot the term) because the rating was above 70 whole body. Now we are waiting for the outcome of that. Neither the defense attorney nor the insurance company has called my attorney back in over a month (records show my attorney has called EVERY business day since April 5).
The doctors and the AME agree that in no way I could go back to the job I have when I got hurt. I wanted to try to get unemployment, but the company that I worked for received my restrictions and cannot accommodate them. They will not release me either. I was advised if I quit, that will hurt my workers comp, settlement and future medical as well as my ability to get unemployment.
I tried to get SSDI. They turned me down in February. They used pre-surgery PT reports as the basis that I am okay, not looking at my doctor’s reports or the AME report. Today, they turned me down again, stating that they feel I still can gain employment. They based their decisions on the worker’s comp doctor’s report. Again, the decision was not from my doctor’s report or the AME report. My attorney will set up a meeting with the judge, which he said will be around October.
Like most here, I have lost a lot of ‘things’. I have used all my resources while on TTD. Now that I am on PPD, there is nothing left. I am supposed to support a family of 5 on $230 a week.
I have the resolve to hang in there until the end. My main concern, though, is my family. I doubt there is anything that can be done, but I thought I’d try for some suggestions if you have any where I can go from here in order to keep my family afloat.
Thanks!!!
 
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#2
you are confused about a number of things:
AME is agreed to by both parties-it is not chosen by only one side.
either party can request a hearing on their work comp issues at any time; they don't have to wait for the other side to agree.
quitting your job will not affect workers comp future medical care.
if you are only partially disabled you are expected to find new work within your restrictions-it's not enough to live on.

for emergency help contact your church, your union, fraternal organizations.
your county agencies can offer resources for food, housing, medical care.

if you are not getting accurate information from your atty you can change at any time.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(05-11-2011, 11:17 PM)1171 Wrote: you are confused about a number of things:
AME is agreed to by both parties-it is not chosen by only one side.
either party can request a hearing on their work comp issues at any time; they don't have to wait for the other side to agree.
quitting your job will not affect workers comp future medical care.
if you are only partially disabled you are expected to find new work within your restrictions-it's not enough to live on.

for emergency help contact your church, your union, fraternal organizations.
your county agencies can offer resources for food, housing, medical care.

if you are not getting accurate information from your atty you can change at any time.

1) The defense attorney wanted the AME done and said they were only going with this doctor. If we did not like it, they told us we could go to court and have an appointed QME from the court, which would have taken some time. So, my attorney left it up to me and I went ahead and agreed to get the process started. So, techinically, we did agree to the AME; they picked him though. I am glad he was honest which I think backfired on the insurance company, which is why they depo's him.
2) As far as I know, there is no law or regulation that states that the parties have a time period to return phone calls. My attorney said we cannot 'make' them call us back. Can you go to court to say, 'They are not returning calls'?
3) You stated that quitting will not effect my future medical. Thanks for clearifying that for me. You though, didn't say anything about unemployment. So I am guess it would then?

With all due respect, I do not belong to any of those 'money grabbing' church organizations or the union. Going to the county agencies, which I have already did, did not help. After explaining I was on workers comp and my housing situation, they told me that I needed to apply for food stamps (was turned down), that they could not assist with housing and that workers comp is responsible for my health care. My family is taken care of medically, but they said I would have a very difficult time proving any health problem is not a result of my injury.

I have had this lawyer for over 2 1/2 years and everything he had said would happen, has. My posting here is not for a lack of faith in him, but that someone may have gone through some of these issues and have maybe taken different routes so their families could be taken care of though the workers comp fiasco.
 
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