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No problems, UNTIL NOW
#1
I was originally injured in 2004. My first Dr. was a total quack and wasted almost a year and a half with no real treatment. Needless to say, he is gone. My second Dr. immediately found the problem, Torn and ruptured disk at L4/5 with protrusion pressing on the nerves causing the severe pain I was experiencing. He tried all the most non-invasive techniques first but ended up having fusion on L4/5. Unfortunately in spite of all his assurances that the surgery would solve the problem and I would be dancing by New Years eve, the surgery failed. About a month or so after the surgery failed he moved on to another town and left me in the care of my PM doctor. About a year later the PM did surgery to install a spinal stimulator. The batteries have gone bad, but due to the following, OWCP has yet to approve their replacement. During all this time, even though on occasion we had to wait fr approval on some things, OWCP has been there and funded everything. Now I know it has been some time that I have been on OWCP, but during that time I have gone to all the IME's they sent me to and every time, the IME has shown that the treatment being provided by my PM is the best course of action. I don't know if they finally just want to get rid of me or what, but instead of sending me to an IME where I live, they flew in a doctor for an IME from the city where my case management takes place. He did not perform any type of actual physical, he asked me a total of 5 questions, said the exam was over, got back on his plane about 20 mins after seeing me, and his report was a disaster. In his opinion, the ONLY thing preventing me from returning to full time employment are the medications I am taking for the pain I am in 24/7. Even with the meds, I cannot function properly, and there is no way I could possibly return to work. His recommendation is to stop all meds and return me to work. I asked my PM what was going to happen now. He has ordered an FCE in order to appease OWCP. If the FCE shows I can do even the slightest amount of work, what happens as far as who is going to continue to pay my medical as far as my PM, and the medications I take. I applied for SSD years ago but was denied.

What are my options now? I don't have an OWCP attorney, I looked a few years back, but since it is Federal OWCP nobody wanted to take the case. Not sure why, but as soon as I said it was federal, the reply was the same "Sorry, we don't handle Federal Workers Comp".

I went to the initial appointment for the FCE, but was in so much pain that my blood pressure was too high to do the exam. I am scheduled to go again soon, but my pain hasn't decreased any, if anything it's stillelevated from that last attempt.

Worried and wounded
 
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#2
you need an atty if benefits are denied in a complex case.

there are attys in every state that handle federal workers comp claims.
you can contact your state bar for a referral or try
http://www.avvo.com/workers-compensation-lawyer.html
or
lawyers.com
or
http://www.avvo.com/workers-compensation-lawyer.html

there is no predicting which evidence will be the most persuasive.
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
Google federal workers compensation attorney's in your state. This is a specialized field. The link 1171 provided has a lot of attorney's and you can ask questions for free if needed .

Did you appeal the SSDI denial? I recommend hiring a SSDI attorney as well.

Many injured workers are worse after a fusion. In my opinion they are overly done in the work comp system.

Being in pain for your FCE is o.k. as it will show the true extent of your injury. Another member mentioned you can go to a FCE without taking your pain medication as it will show a more realistic view of your injury. If you can bring someone to the FCE I would recommend it.

It sounds like you are not in my state but there should be a process to get medical treatment and or take the issue to court. I cannot believe they are having you go without battery replacement in our spinal cord stimulator. What state are you from?
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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#4
(09-05-2015, 12:26 PM)California_Help Wrote: Google federal workers compensation attorney's in your state. This is a specialized field. The link 1171 provided has a lot of attorney's and you can ask questions for free if needed .

Did you appeal the SSDI denial? I recommend hiring a SSDI attorney as well.

Many injured workers are worse after a fusion. In my opinion they are overly done in the work comp system.

Being in pain for your FCE is o.k. as it will show the true extent of your injury. Another member mentioned you can go to a FCE without taking your pain medication as it will show a more realistic view of your injury. If you can bring someone to the FCE I would recommend it.

It sounds like you are not in my state but there should be a process to get medical treatment and or take the issue to court. I cannot believe they are having you go without battery replacement in our spinal cord stimulator. What state are you from?
I'm from NM. No I didn't appeal the SSDI decision because I was still collecting the OWCP check and medical and wasn't sure how that would effect it, I understand now that the SSDI income would just be deducted from the OWCP income, but didn't know it at that time.
 
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#5
(09-04-2015, 11:27 PM)1171 Wrote: you need an atty if benefits are denied in a complex case.

there are attys in every state that handle federal workers comp claims.
you can contact your state bar for a referral or try
http://www.avvo.com/workers-compensation-lawyer.html
or
lawyers.com
or
http://www.avvo.com/workers-compensation-lawyer.html

there is no predicting which evidence will be the most persuasive.
Thanks I used the link and contacted an atty in the next biggest city as we don't have any here. Kind of crazy, we are the second largest city in NM and we don't have an atty that will handle Fed OWCP.
 
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#6
Because the rules are the same no matter which state or city you are still better off.
with internet, fax, and mobile phones distance means less then it used to.
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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