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Improper Training, Impartial Exam Questions
#1
I was a PCA and my employer failed to train me for wheelchair transfers and I herniated a disc doing just that when getting a patient who was in the throes of a panic attack, their wheelchair rollback guard wheel caught the lip of the top stair and he fell back crushing my legs. I took his weight of the impact. The patient died a month later. Uncertain if the fall hastened it. My lawyer seens to be saying their OSHA non-compliance and my state of mind (caregiver burnout) doesn't matter, only the fall, is that true? I took care of this patient for many years. I will add more details once I'm more comfortable with posting but my lawyer seems to be very employer insurance friendly and I just want to make sure I'm not getting hosed (well, it seems we all get hosed, but I don't want to get hosed by my own team). I ended up with a severely herniated disc, 2 witnesses who signed affidavits and 2 who lifted the patient and wheelchair off me.
 
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#2
Your job training has little to do with whether you have a valid comp claim or not. Workers comp is “ no fault” coverage. Neither Your pain level nor your financial situation will be a factor in determining the validity of your claim.
Court decisions are based on persuasive evidence; without supporting credible medical opinion the judge cannot award benefits.

Sounds like you are unhappy with your representation.
You can change attys at any time. You should talk to a few before deciding,
Some places you can try:
https://www.avvo.com/
https://www.wilg.org/

More information about workers comp in Massachusetts
https://www.mass.gov/workers-compensatio...ed-workers
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
(04-24-2019, 12:45 AM)1171 Wrote: Your job training has little to do with whether you have a valid comp claim or not. Workers comp is “ no fault” coverage. Neither Your pain level nor your financial situation will be a factor in determining the validity of your claim.
Court decisions are based on persuasive evidence; without supporting credible medical opinion the judge cannot award benefits.

Sounds like you are unhappy with your representation.
You can change attys at any time. You should talk to a few before deciding,
Some places you can try:
https://www.avvo.com/
https://www.wilg.org/

More information about workers comp in Massachusetts
https://www.mass.gov/workers-compensatio...ed-workers
 
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#4
Well that sounds logical 1171. I am in no way suggesting my claims validity based on training. I asked my question because if my job doesn't train for a task and I do a task, how can they then say they are not liable for injuries stemming from that thing? I would hope my claim would be based on medical evidence first. Any standard wouldn't be a problem if the entire process were consistently logical. X-rays, MRI, witnesses don't seem to count for as much as they should, otherwise they would have paid me enough to at least get my pain meds, PT and OT, and back surgery and not try to pass the expense along to the taxpayer. It's not that I'm unhappy with my representation as I am frustrated with this system, and insurance companies that can lie before a judge and it's OK, and the person telling the truth is essentially called a liar. And when one or two hurdles are cleared there are just more waiting. Why would a lawyer tell me to take a settlement, get surgery through my health insurance knowing that the insurance would circle back to claim their money, and god forbid the Impartial should be as farcical as the IME, then...from what I'm reading and what friends tell me, my insurance will come for me to cover the tab, and the "fault" will lie with me in the bill collector's eyes. This whole system only seems logical to those employed by it, not by those suffering through it. I could be wrong, this is the first time I've had to deal with this, and I'm really hoping a miracle will happen and the insurance co. will do the right thing, and the judge will look at ALL the evidence. But based on what I'm seeing, I won't hold my breath.

(04-24-2019, 12:45 AM)1171 Wrote: Your job training has little to do with whether you have a valid comp claim or not. Workers comp is “ no fault” coverage. Neither Your pain level nor your financial situation will be a factor in determining the validity of your claim.
Court decisions are based on persuasive evidence; without supporting credible medical opinion the judge cannot award benefits.

Sounds like you are unhappy with your representation.
You can change attys at any time. You should talk to a few before deciding,
Some places you can try:
https://www.avvo.com/
https://www.wilg.org/

More information about workers comp in Massachusetts
https://www.mass.gov/workers-compensatio...ed-workers
 
Reply
#5
If it goes to trial, It’ll be up to the judge to decide what evidence is the most credible and persuasive.
Your health insurance won,t pay while the comp coverage is still undecided. Some will pay under lien, others will wait for a court decision.

P.S. There is no perfect truth-telling machine in this world so everyone takes their chances.
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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#6
Understood, but I'm told it will not go to trial if the Impartial doesn't tie my injury to the accident. I mean why wouldn't they?

(04-24-2019, 02:59 PM)1171 Wrote: If it goes to trial, It’ll be up to the judge to decide what evidence is the most credible and persuasive.
Your health insurance won,t pay while the comp coverage is still undecided. Some will pay under lien, others will wait for a court decision.

P.S. There is no perfect truth-telling machine in this world so everyone takes their chances.
 
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#7
I'm told if the Impartial doesn't tie my injury to the fall it will not go to trial.
Why wouldn't they when three doctors already have? Evidence gets omitted. I see no truth in that.

Thanks for your kind replies.
 
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#8
Glad I could help a little.
Many have trouble with the logic of the legal process so you are not alone in your complaints.
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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#9
(04-24-2019, 03:07 PM)Keeting Wrote: I'm told if the Impartial doesn't tie my injury to the fall it will not go to trial.
Why wouldn't they when three doctors already have? Evidence gets omitted. I see no truth in that.

Thanks for your kind replies.

Many private insurance carriers cover work related injured, but only after the claim is closed. Many cover work related injures if the work comp carrier denies the injury or refuses to treat. Have you asked your private insurance carrier to cover these injuries?

I hope you can stick it out with college. It is so important. You can apply for disabled student services at your college and request accommodations for your injury. You may need a doctors note. Examples of accommodations may be double time for timed tests (one example). If you are fatigued from lack of sleep or from medications some accommodations could help you during this time. I would not have been able to take classes without this.

I don't know what surgery your doctor is requesting, but sometimes it can take several years to heal from a traumatic injury. Sometimes surgery is the answer, but please get a few more opinions before having it.

You sound young as you mentioned college. If you are or not I hope you know that the struggles you are going through now are temporary. Things will change. What happens with your settlement is unknown. If you have private insurance it may be better for you to use it after your case closes and then you will not be subjected to the same bull crap you are now with contact treatment denials. You may also have access to more doctors. Just wanted to mention.

I wish you the best.
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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#10
Thanks California for the great advice. I have been getting help through my college office of disability services. I am still in excruciating pain, but I had a big set-back yesterday.
 
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