Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Washington L&I (or hell in disguise)
#1
I have read these boards for a couple months as a guest. I have learned a lot, thank you all for that.

It appears Washington operates in a world of their own, I am aware there are problems. Two of my Doctors have expressed it is difficult to treat anyone within the guidelines. I have read all pertinent laws but they can't possibly prepare anyone for the cluster known as L&I.

So, here is the Cliff's Note version. I worked part time, mostly for entertainment as I completed my graduate degree. I lifted a tote weighing 50 - 75 lbs, the position we had to lift in was a known danger but stores have demands and we get stuck figuring it out. (I am a vendor/merchandiser/customer service rep). The diagnosis was thoracic sprain originally. After complaining my hand was numb for three months I was sent to a neurologist who diagnosed a lesion in the ulnar nerve. My pinky and ring fingers now neatly lay behind the other fingers. The impairments are 14% WPI for my arm/hand and Category 2 mild to moderate for my back.

Well, like an idiot I wanted to play nice, I knew impairments are numbers pulled out of a hat. My Doctor repeatedly said he would do his best to get a decent impairment but the symptoms are mostly objective and pain, both hard to gauge. Therefore I never retained an attorney. Stupid I know, I really did not want to share what should have been so simple.

The Doctors declared it MMI about a month ago. Here is the problem. The vocational specialist is a total idiot. Her goal was I would return to the same job. My restrictions are occasional grasping and occasional lifting 25 lbs. Nothing over 25 lbs, 10 lbs is also occasional, 5 lbs frequent. Reaching is occasional. The original permanent restriction form stated no lifting at all over 15 lbs. The Voc Woman, whom I refer to as my parole officer ran back to my Dr until he changed it to what it is now. This was her golden opportunity to run to my employer to explain how not "modifying" my job would cost them. Of course I got the threats of non compliance, closing the case without medical or weekly checks (the ones they are behind on anyway), and no further services.

A few days ago I was checking my case online and saw a job offer posted from my employer. Exact same job, the one the Doctor repeatedly said I could not do. The modification is more time to do it. Precisely how this changes the fact the totes will weigh 50 pounds no matter how many hours I have to move them is a mystery. My job requires grasping, we stock shelves and remove outdated product. To most reasonable people this requires grasping. This was explained to the parole officer who once again gave me the litany about closing the case etc..

As it stands I am broke. I have got stuck paying for many many prescriptions because the system is never working to run them through at the pharmacy. I was only totally off work about a week then did a created job until this week. The created job did not comply with the activity prescription but I found ways to work around and it was about four hours a week. It truly cost more for gas than I made but wanting to be a good employee I did it.

So, here is the big question. Although my employer states in the job offer modifications would be made, supposedly my immediate supervisor was aware of them. This was not true either as I called the supervisor to ask what the plan was, he knew NOTHING. He stated he had not talked to the manager. The next day they called. I asked how they possibly thought this may work. The manager said the parole officer told him it was cleared through my Doctor. Well, the Doctor knew nothing, he never agreed to six hours of grasping at any point. See the pattern here? I can not screw up that check for the impairments, I desperately need it. I am afraid if I tell them I refuse to do the job it will be non-compliance, something I absolutely can not have on a state record due to licenses. Washington is weird, two Doctors have told me to be very careful knowing my education and need for Washington licenses.

At this point my plan is to show up to work next week and see what these fabulous modifications are. Although I have been told I will be alone the first day I am not very optimistic. My Doctor will be out of town, he said I am allowed one ER visit for pain. If there is one problem to get it documented. How bad will it screw up the check that should have already been issued if I do this? If I can survive two days I am off over a week (holidays mess up the schedule). Then there is the problem I have worked this job in three states. It is literally my only job history in years. I do not need to have terminated on my record either.

This is mostly thinking out loud I guess. I feel defeated at this point. If the miserable vocational woman would have bothered to do a job evaluation this would have never ever happened. I have met her one time. She has met my Dr twice, employer once. She has billed almost $3000 for this fabulous service. I realize she basically works for the state.
 
Reply
#2
Man oh man you need a lawyer if nothing else go talk to one,the first visit is normally free.
........I love cats, I just cant eat a whole one by myself......







 
Reply
#3
Find a lawyer, that is going to be the best thing for you. It is nice that you have tried to help and be nice but trust me they don't care. Now hiring a lawyer is not going to make them fly right and do the right things so don't think it will be a quick fix. Nothing is fast with the legal system and sad to said the laws are not on our side. But you have to take care of your self and just going along with this and doing things you shouldn't will not help. And trust me they will try to get you to do things even your doctor says you should not and then use this to say you are not as bad as he thinks. You maybe lucky and once you find a lawyer they change the way they are playing this game and treat you better but don't count on it.
 
Reply
#4
Thanks for the responses. My boyfriend knows some attorneys he will call next week. Although I am not so sure they are all that good. One from that class is still paying his sanctions and can't practice until they are. We often joke about his graduating prep school class needs a Hall of Shame in hall opposite the Hall of Fame. Hopefully one will take it that knows the system. I almost hate calling it that, it gives the pretense there is organization.

I also went to the office and spoke with the manager. He said they rely on L&I and Voc Rehab to tell them what to do. I explained that was probably not all that wise because if things get ugly it can fall on them. I explained "occasional" means no more than 1/3 of the time. He was told "to just see what happens" by the parole officer. She obviously can tell they do whatever they are told. Totally amazing.

Then I called my Doctor and asked if he really agreed to me moving about 400 pounds of merchandise in six hours. Poor man was dumbfounded. He said they need to change "constant" rather than tweak definitions.

Then I totally lost it with the case manager and told her she needed to send some checks and reimburse me for mileage and prescriptions. I told her I would apply for all public assistance and become a welfare mom, they have no one to answer to and get medical paid. I have other income so that isn't an option but she isn't aware of that.

Basically it was vent day. If the miserable parole officer (aka Voc Rehab) witch wasn't trying to manipulate the system I would have far less problems. My Doctor doesn't like her either and was calling her after we talked. So, Monday should be interesting. Hopefully this work plan gets bagged.
 
Reply
#5
All of us need to vent from time to time and it does help. Remembering WC is not longer your friend and be careful because sometimes your boss will act like your friend in hopes they will get you to do more then you should or get you to say things they will use. After being off for 5 years they started me on the voc rehab. Been doing it now for 10 months and in that time I've had only 2 places call me about my app, once they hear my restrictions they are done with our call. Now there are time we have not got along and there are times I'm pretty sure she is trying to make it look like she is helping me so she keeps her job working with me. I've had 2 different gals so far and both have gone thru trying to be a friend and trying to be firm and both have figured out there is only so much I can do. In my case I've never done anything even close to the jobs I could possibly do now and even if I find something it will never be full time.
The one thing that helps me get thru this is to stop and remember how much money they are wasting paying for this. Hang in there and come back and vent anytime
 
Reply
#6
As with the others, you need a good lawyer and one that knows the wc laws. What has happened to you happens all the time, they will push you to your limits either to see if you can still do your job, or see if you stick to your drs restrictions. Either way in the end you pay the price for there games, get a attorney to protect your rights and future.

You have come across this forum with a elite group of people. One thing we all have in common is we were injured, but we all try to help either by support or top notch information.

Welcome to the forum....
.
 
Reply
#7
Well, there is no way I can do the job. The Drs have all clearly stated that. The only way to modify it is to get me a little robot. That could be fun but I do not see it happening.

Please correct me if I am wrong but I believe I need to be obedient and show up this week and see what these modifications are. The activity prescription says "occasional" grasping which is defined as 1/3 of the time or 2-3 out of eight hours. Originally this was seldom, my Doctor said he agreed to change it as he was told it could be modified if they could have "just a few more minutes." He was not happy to hear of recent developments. This Parole Officer witch has tweaked and manipulated from day one.

The letter I have from my employer says to contact my supervisor if there is anything I should not do. Well, this will be within the first five minutes because "the push" of the carts is 40 lbs, my limit is 30 lbs. If I am a total pain in the rear they may admit it is simply not a business that can accomodate so many restrictions. The manager said he has never seen so many but Ms. Parole Officer says "no problem." I agree, she is seeing how much she can push.

Now for the questions. This is not going to work. After we muddle through two days of repeating what I can and can't do I can refuse the job. L&I will refuse to pay weekly benefits, I will have to appeal but hopefully find an attorney do handle all of this. I am not happy knowing doing bare minimum is going to hurt, no doubt in my mind as the simple little job I have been doing takes two days to recover from and I have barely worked six hours a week.

One problem I haven't mentioned that is making Ms. Parole crazy is the guy who was to do the PCE refused to do it due to a congenital heart defect. It's minor but does cause my heart to race, the stress of this has really escalated the problem. The primary Doctor asked for a medical break for thirty days to relieve the stress and give things a chance to settle down. I almost think this sent the state idiots into a panic, rather than lay off they sent the Parole Officer on a mission. Probably to see if I will just quit although she told me even if I moved across the country I would need to report. That is when she earned the Parole Officer title.
 
Reply
#8
(11-23-2013, 02:09 PM)Lizzy Wrote: Well, there is no way I can do the job. The Drs have all clearly stated that. The only way to modify it is to get me a little robot. That could be fun but I do not see it happening.

Please correct me if I am wrong but I believe I need to be obedient and show up this week and see what these modifications are. The activity prescription says "occasional" grasping which is defined as 1/3 of the time or 2-3 out of eight hours. Originally this was seldom, my Doctor said he agreed to change it as he was told it could be modified if they could have "just a few more minutes." He was not happy to hear of recent developments. This Parole Officer witch has tweaked and manipulated from day one.

The letter I have from my employer says to contact my supervisor if there is anything I should not do. Well, this will be within the first five minutes because "the push" of the carts is 40 lbs, my limit is 30 lbs. If I am a total pain in the rear they may admit it is simply not a business that can accomodate so many restrictions. The manager said he has never seen so many but Ms. Parole Officer says "no problem." I agree, she is seeing how much she can push.

Now for the questions. This is not going to work. After we muddle through two days of repeating what I can and can't do I can refuse the job. L&I will refuse to pay weekly benefits, I will have to appeal but hopefully find an attorney do handle all of this. I am not happy knowing doing bare minimum is going to hurt, no doubt in my mind as the simple little job I have been doing takes two days to recover from and I have barely worked six hours a week.

One problem I haven't mentioned that is making Ms. Parole crazy is the guy who was to do the PCE refused to do it due to a congenital heart defect. It's minor but does cause my heart to race, the stress of this has really escalated the problem. The primary Doctor asked for a medical break for thirty days to relieve the stress and give things a chance to settle down. I almost think this sent the state idiots into a panic, rather than lay off they sent the Parole Officer on a mission. Probably to see if I will just quit although she told me even if I moved across the country I would need to report. That is when she earned the Parole Officer title.



The way it works here is the employer gives you and wc a list of duties that you will be required to do, even if they are accomadating (spelling) your restrictions. Then it is delivered by you or wc to your dr for approval, he does have the final say.

My attorney says, if your employer has work for you that fit your restrictions 100% you must go to work and not refuse. But if any part of it does not fit restrictions you are to not do it and tell your boss you cant because that's beond restrictions set by your dr. If you refuse to show up bennifits more than likely stop, but if you show up and cant do the work due to restrictions this will protect you and a attorney will get bennifits back if they were to play games..
.
 
Reply
#9
@Bronco, first is that Denver Broncos? If so i used to love going to Invesco when we lived there. The games were fun just watching the people. To bad people get paid millions so others can entertain themselves watching others not watch the game. But the fireworks are cool. Smile

I have an activity prescription. The job does not fit 100% or even 20%. But, if I do not go and see the modifications how can I refuse it. The letter from work states they can modify to comply. When I called the supervisor to ask how they intend to do that he hadn't been informed. Your advice pretty much agrees with my plan, show up so I can take pictures of the quantity of stuff they expect me to do. Thanks!!
 
Reply
#10
Well, I feel really blonde now. I thought the brown dye would help. I now see Bronco is the old Ford ones. Oh, the stories I could tell about one of those. But won't. Not while I have a living parent anyway.

I spoke with the primary Doctor this morning. He said the Parole Officer is a problem. That is an understatement. He also said he most definitely never approved constant grasping. No more than three hours a day of that job. So, I guess I get a hell of a raise because my employer said they will pay me for six regardless. This will not last long, they are being told my arm will heal. Apparently the neurologist report on the extent of damage and ways to slow extended damage wasn't clear. Or they can't read.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  What to expect in Washington Coco 2 859 06-06-2019, 11:54 PM
Last Post: Coco
  Washington state L and I pension Silverfox 0 1,519 06-02-2017, 11:19 AM
Last Post: Silverfox
  Strangled At Work Washington dmotley5706 2 1,918 01-20-2017, 03:34 AM
Last Post: shefallsdown
  Need help in adjuster hell! lilrose 3 4,030 03-29-2016, 12:39 AM
Last Post: 1171
  CA - four years of WC hell... Future Medical M998 12 8,018 02-18-2016, 09:46 PM
Last Post: 1171
  Permanent Restrictions in Washington, D.C. dmma 7 12,066 06-27-2010, 06:42 PM
Last Post: dmma
  advice-washington state injury bobbie@wa 4 4,894 08-25-2008, 07:51 PM
Last Post: bobbie@wa
  I spent the day in hell! capricorn 28 11,994 09-24-2007, 09:16 AM
Last Post: capricorn
  AME Reports/ What the hell! Confusedd 10 9,072 08-04-2007, 01:01 PM
Last Post: Confusedd

Forum Jump:


Browsing: 1 Guest(s)