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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. Plus the patient surrogate's statement about my health. Still my employer's insurance said at hearing "if this actually happened" The judge dismissed the mental aspect without hearing one line of evidence at hearing 1, and my lawyer let it go (trust me, there is a big story behind this fall and I'm still in therapy weekly behind it) But just as pressing is that I need surgery, but nearly 2 years I have lived every day in pain and I have racked up bills and my employer has paid $0.00. I had to stop PT and OT. because I could not afford my co-pays. My lawyer said, they want to settle for a small amount with no liability, and it goes before an Impartial Physician, an orthopedic surgeon in six weeks, but if they don't say it's related to the fall, my treating physician who backed me up, his narrative means nothing and the the case isn't heard. I said, that sounds fishy. But this is MA. The Insurance company got up there and lied through their teeth misrepresenting my first medical exams over the 8 months in which I complained of my back and foot pain, but they never once examined my back (their parent company put the client in the wheelchair). I'm sickened by Workers Comp. My attorney said my health insurance would pay for my surgery. I was like, they wouldn't even pay for one ER visit and one Percocet and a Linocaine patch ($545 billed to me) how are they going to pay for my surgery? My finances are so bad it's a struggle to stay in cat food, toilet paper and...school. And they know that.

Most days it's excruciating to walk, sit, lay down or stand and on occasion I can't even get the blanket off of me. I also have ulna pain and hand numbness and hand cramping and shooting pains that wake me night, we thought it might be sleep apnea, but I've been on CPAP with only minor relief. My insurance carrier will likely put a lien on any settlement. I have sold all my belongings, and I'm close to ruin and quitting college. My lawyer said, take the settlement, and your insurance will pay for surgery....BUT if the Impartial doesn't tie it to the fall, then you get no hearing. That seems so unfair. I'm ready for the surgery and I can't imagine coming away from this without even a dime and lifelong medical expenses and missed work...but the hospital that put my clientin the wheelchair gave unfavorable reviews even though they didn't check my back for 8 months! And the judge allowed the insurance company to go against my treating physician with the word of two physician's assistants who never examined me?! Yet, my lawyer doesn't seem bothered by that. Can a judge be informed about false, misleading or suppressed evidence? Or do they even care? Is my entire case hinging on one doctor who has to tie my injury to the fall when they haven't seen me before? I wouldn't mind normally, but after 2 IME exams that were shams...I dunno. Those IME doctors lie for the insurance company, what's to stop the impartial from lying too? Then what? Will I wish I had taken the money to avoid homelessness for a few extra years?
 
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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.
 
Reply
#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.
 
Reply
#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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