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cumulative injury in CA (newbie)
#1
Hello,
I'm a 50+ y/o nurse in CA. I've had progressive spine and ortho issues for which I'm currently on medical leave. I worked with difficult population. My patients were often obese and immobile. My department chronically understaffed with inadequate equipment etc. I recently retained an attorney who is filing a claim for cumulative injury on  my behalf. I have never litigated anything in my life so I'm pretty stressed about it. I'm a long term employee with this company, I loved my job. I have a great medical team and my attorney assured me that I can continue treatment with them for now and my group insurance policy will continue to pay. It will not be possible to return to my position as my employer is unable/unwilling to accommodate my needs.
I'd like to hear from people going through similar situations. Tell me...good-and-bad. 
T
 
Reply
#2
depending on your level of permanent impairment there are some benefits for retraining:
Employees injured on or after Jan. 1, 2013, with injuries that result in permanent partial disability, and whose employer does not offer other regular, modified or alternative work, may also qualify for the SJDB voucher. The offer must be made within 60 days after receipt by the claims administrator of the Physician’s Return-to-Work & Voucher Report (Form DWC-AD 10133.36) The voucher amount is $6000 for all levels of permanent disability and can be used for training at a California public school or any other provider listed on the state’s eligible training provider list. It can also be used to pay licensing or certification and testing fees, to purchase tools required by a training course, to purchase computer equipment of up to $1,000 and to reimburse up to $500 in miscellaneous expenses. Up to 10 percent, or $600, may be used to pay for the services of a licensed placement agency or vocational counselor. No more than 10 percent of the value of the voucher can be used for vocational & return to work counseling.
http://www.dir.ca.gov/dwc/sjdb/SJDB_FAQ.html

basic information including a guide book is here
http://www.dir.ca.gov/dwc/InjuredWorker.htm

once you have more specific questions come back and we"ll try to help.
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
(03-14-2016, 02:44 PM)tiona Wrote: Hello,
I'm a 50+ y/o nurse in CA. I've had progressive spine and ortho issues for which I'm currently on medical leave. I worked with difficult population. My patients were often obese and immobile. My department chronically understaffed with inadequate equipment etc. I recently retained an attorney who is filing a claim for cumulative injury on  my behalf. I have never litigated anything in my life so I'm pretty stressed about it. I'm a long term employee with this company, I loved my job. I have a great medical team and my attorney assured me that I can continue treatment with them for now and my group insurance policy will continue to pay. It will not be possible to return to my position as my employer is unable/unwilling to accommodate my needs.
I'd like to hear from people going through similar situations. Tell me...good-and-bad. 
T

Did you file a work comp claim before hiring an attorney and if so was it denied? Sometimes hiring an attorney can make it more difficult to work with the employer. Can I ask you why they cannot accommodate you and is this a normal business practice that your employer does not accommodate?

The bad part of being in the work comp system (IMO) is having to pick doctors in the MPN and also dealing with denials from utilization review and IMR. Dealing with private health insurance in my opinion is much better and easier.

The pros, if your claim is accepted you can receive TTD for up to 104 weeks if you cannot return to work due to your injury.
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.
 
Reply
#4
(03-15-2016, 10:19 PM)California_Help Wrote:
(03-14-2016, 02:44 PM)tiona Wrote: Hello,
I'm a 50+ y/o nurse in CA. I've had progressive spine and ortho issues for which I'm currently on medical leave. I worked with difficult population. My patients were often obese and immobile. My department chronically understaffed with inadequate equipment etc. I recently retained an attorney who is filing a claim for cumulative injury on  my behalf. I have never litigated anything in my life so I'm pretty stressed about it. I'm a long term employee with this company, I loved my job. I have a great medical team and my attorney assured me that I can continue treatment with them for now and my group insurance policy will continue to pay. It will not be possible to return to my position as my employer is unable/unwilling to accommodate my needs.
I'd like to hear from people going through similar situations. Tell me...good-and-bad. 
T

Did you file a work comp claim before hiring an attorney and if so was it denied? Sometimes hiring an attorney can make it more difficult to work with the employer. Can I ask you why they cannot accommodate you and is this a normal business practice that your employer does not accommodate?

The bad part of being in the work comp system (IMO) is having to pick doctors in the MPN and also dealing with denials from utilization review and IMR. Dealing with private health insurance in my opinion is much better and easier.

The pros, if your claim is accepted you can receive TTD for up to 104 weeks if you cannot return to work due to your injury.

I didn't file a claim prior to hiring an attorney. I did ask for reasonable accommodation last June and an interactive process was started. Basically I was told to "self accommodate" which means I'd have to find other staff member to assist me with heavy patients etc. In a short staffed and stressful environment, this was impossible. Finally my immediate supervisor started subtle harassment tactics directed toward me. As a long term employee with a pristine record I was sickened by the treatment I was receiving. I did consider that my treating physicians may not be on the MPN. My condition is not expected to get better, and eventually I'm looking at unemployment and COBRA. Very scary. Currently I am unable to sit or stand without a dramatic increase in symptoms. It's hard for me to admit, but I'm pretty disabled. I probably should have stopped working a year or more ago. I have a high pain tolerance and felt a responsibility to my patients and my team. Duh!
Hoping for the best...mostly to be able to pay my bills.
T
 
Reply
#5
apply for ssdi asap.
the permanent disability payments will only be partial and not enough to live on. the litigation process will take a while; so your comp situation likely will remain undetermined for many months. a lump sum buy out of your comp benefits will likely require a medicare set aside agreement which can add more months to such a resolution.
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.
 
Reply
#6
Thank you. Yes I have applied for SSDI prepared for an initial denial. They have so far been very prompt in sending forms, telephone contact etc. Keeping my fingers crossed.
 
Reply
#7
(03-16-2016, 10:56 AM)tiona Wrote:
(03-15-2016, 10:19 PM)California_Help Wrote:
(03-14-2016, 02:44 PM)tiona Wrote: Hello,
I'm a 50+ y/o nurse in CA. I've had progressive spine and ortho issues for which I'm currently on medical leave. I worked with difficult population. My patients were often obese and immobile. My department chronically understaffed with inadequate equipment etc. I recently retained an attorney who is filing a claim for cumulative injury on  my behalf. I have never litigated anything in my life so I'm pretty stressed about it. I'm a long term employee with this company, I loved my job. I have a great medical team and my attorney assured me that I can continue treatment with them for now and my group insurance policy will continue to pay. It will not be possible to return to my position as my employer is unable/unwilling to accommodate my needs.
I'd like to hear from people going through similar situations. Tell me...good-and-bad. 
T

Did you file a work comp claim before hiring an attorney and if so was it denied? Sometimes hiring an attorney can make it more difficult to work with the employer. Can I ask you why they cannot accommodate you and is this a normal business practice that your employer does not accommodate?

The bad part of being in the work comp system (IMO) is having to pick doctors in the MPN and also dealing with denials from utilization review and IMR. Dealing with private health insurance in my opinion is much better and easier.

The pros, if your claim is accepted you can receive TTD for up to 104 weeks if you cannot return to work due to your injury.

I didn't file a claim prior to hiring an attorney. I did ask for reasonable accommodation last June and an interactive process was started. Basically I was told to "self accommodate" which means I'd have to find other staff member to assist me with heavy patients etc. In a short staffed and stressful environment, this was impossible. Finally my immediate supervisor started subtle harassment tactics directed toward me. As a long term employee with a pristine record I was sickened by the treatment I was receiving. I did consider that my treating physicians may not be on the MPN. My condition is not expected to get better, and eventually I'm looking at unemployment and COBRA. Very scary. Currently I am unable to sit or stand without a dramatic increase in symptoms. It's hard for me to admit, but I'm pretty disabled. I probably should have stopped working a year or more ago. I have a high pain tolerance and felt a responsibility to my patients and my team. Duh!
Hoping for the best...mostly to be able to pay my bills.
T
One other option may be to try and see if there is another position in this company that you could do, for example a sitting job. I would encourage you try to continue the interactive process as much as you can. Have you told HR about your difficulties with self accommodation and are you off of work now? If your doctor took you off of work due to your condition you can apply for state disability.

Good luck to you.
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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