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California, Not fair? What do you think?
#1
I have an injury that I have been dealing with for about 7 months, in about February I started feeling pain and I started to take anti inflammatories and I was dealing with for about a month by taking anti inflammatories, finely after about another month I realized it was not getting any better and it was getting worse so I went to my primary care doctor and he said that I needed rest and that the pain was from repetitive motion so I thought to myself hmm I can't skip work so I will just have to try to take it easier at work, so I continued working and after about another month the pain really started to kick in so I told my boss and I ask him if I could have the next two days off work until I go to a dr appointment that I had scheduled with my primary doctor to see what was going on, ( my plan was to see if my dr could put me on disability for a short time so I could heal) when I ask my boss for the few days off he looked at me for a few seconds and said no... it wouldn't be a good Idea because we are swamped with work and one of your coworkers is going on vacation. when my boss said that I said ok and I thought what an A hole, then a few minutes later he ask me what's going on is it a work related injury? I told him that I wasn't sure that I wanted to go see what my doc said, right after I told him that he went in the office for a short time and came out and ask me if I would sign a paper saying that it is not work releated , I told him no I cant do that, then our shop phone rang..... it was somebody calling with a broken down air contitioner unit which that is my line of work and he sent me on a service call, right as I was done with the call I called him to let him know I was done, when he answered he told me.... hey I called urgent care they said there going to be closing soon, you can either go now or in the morning, I was in alot of pain so I told him I will go now.... so I did and when I went the DR they took X rays and didn't see any thing and he ask me if I had a sudden accident and I said no it has been a steadily increasing pain, he said o ok well with the type work you do it is a repetitive movement type work related pain, he told me to give him a specific date of injury, I told him there isn't a specific injury date, he said ok well about when did it start hurting, I told him it has hurt quite a while but the pain started getting worse in march so he picked a day in march and made that the date of injury.

The thing that it ticking me off is now I am stuck in a workman's comp case that is trying to screw me over, they wont let it heal, if he would of done the right thing and let me go to my own dr I would most likely be on
state dissability, now instead of being on state dissability for a month or so I am stuck at work on light duty which in my line of work is impossible, with wrenches, hammers, and screwdrivers, and having to get up off the floor without using my arms and hands..... There is no possible way to measure the pounds of torque on the wrenches or screwdrivers and pry bars, and the vibrations from hammering and and air ratchets and air impact guns is just tearing me up, the pains are starting to spread.

I have an attorney but he really won't talk to me much until I am seen by the dr he is getting me,

Does this sound pretty screwed up or what?

I would like to have somebody else' s opinion from this fourm, could somebody chime in please.


Thanks
 
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#2
if your work is aggravating your condition, you need a doctor to take you off work or have them request the employer provide lighter duties.
when your primary doctor said your condition was from repetitive motion they should have filed a report with the employer and you should have filed your comp claim then.
you can go to your own doctor if you pre-designate with your employer.
here is the form.
https://www.dir.ca.gov/dwc/FORMS/DWCForm_9783.pdf
when it's on file with the employer you can see your own doctor for a work injury
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
Go back to your doctor and tell him what you wrote above. The pain is unbearable at work. If he does not listen ask your attorney for another doctor.

Who picked the doctor who is treating your work related injuries? You can change doctors any time. It is your doctor not attorney who decides if your condition warrants being off work. Your attorney is correct he cannot do anything about that, but he can help you pick another doctor within the MPN.

California work comp does pay TTD if you need to be taken off of work.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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