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shoulder injurys/job injury leave
#1
Hello I am new to the forum, I live in Kansas and worked for the state of kansas in a mental health facilty. Does any one know any thing about the job injury leave statute 1-9-22, It has been a statute for a few years. Any one that has any information on this, please let me know. Just a little history i worked as a mental health developmental disability teck (mhddt) was injuried on the job by a patient ( attacked) Recieved w/c from 10-06 till 11-07 and in this time frame have had two surgerys, And at this point have reached mmi ( max medical improvement ) according to the states doctor. Have been to the attorneys doctor, And have been to an independant medical provider. Its a long drawn out ordeal and i hope no one else has to go through it . Lost job due to the injury there for i have also lost my health insurence. If any one has information on this please let me know. Thanks fathertime
 
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#2
fathertime- welcome to the forum. I can't answer your questions about Kansas but someont will be along and give you some information. Just wanted to welcome you to the group.
May God send his angels to hold you in his arms
 
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#3
Welcome to the forum, I am also from Kansas.

I can not answer your question, have you searched the Kansas Department of Labor web site?

http://www.dol.ks.gov/
 
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#4
Yes i have and it says that i elidgible for this but the employer has stated that it was a slip and fall, not being attacked.
 
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#5
I suspect you can use the workers compensation ombudsman, mediation and/or litigation process to appeal the denial.

P.S. that's not the correct format for citing kansas statutes
they use two numeric fields separated by a dash not 3
http://www.kslegislature.org/legsrv-stat...uteInfo.do
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
How on earth did they come up with a SLIP and Fall when it was an attack???? I just love the way they turn things around to make it the patient that is liable for the injury. I do not know much about your state but if you have a PIR rating after being at MMI you should be then getting a check for compensation of your injury.

I did not have a lawyer and had to fight because my doctor gave me a 32% PIR and the ic immediatly sent me to their doctor whom they pay alot of money to go against my rating and lower it and take away paying for my mediction and won. Thank god I have an insurance co. that pays for my meds. or I would not be able to work and function without them. That is what keeps my pain level ( at least a pain level of 6 ) to make it through a 8 hour workday. If not I would be unemployed. They should be happy I am back working full time and not paying me for being out on disability.

Something needs to be changed about the way they allow the IC to pay these doctors big bucks to see a patient all but 10 mins. and not even read their doctors reports and cut their benefits and ratings in half. It is just a backward system on their part. Good luck and may I ask what your PIR rating was? DId you have a IME done with the IC yet??
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#7
I really don"t know how they get a slip and fall out attacked , guess that's our state tax dollars working hard for us. You also have to understand that this person that i was caring for was on a 1 to 1, which means that i have to be with in arms length of him at all times , which i was. Our superintendant will do any thing so he does"nt have extra money coming out of his budget. It almost seems that this is his money, which it is not it is the tax payers of other hard working kansans. So i feel like i am being punished for doing my job. What a CROCK. This man could not do my job. SO i hope that it all comes out in the end. PS my rating from the states dr was 9%, from the attorneys dr 38% and from the imp 19% quite a diffrence
 
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#8
Well I am sure they will have a hearing on rating dispute now, and most likely either go in between all them rating numbers or go with the lowest number for the state and find it more credible. Mine went from 32-10, and this is my dominant hand. I also did not have a lawyer to which now I wish I did. I think I would of only got alittle bit more than the 10, but still have my meds. paid for.

Have you been offered any voc. rehab to find a job? What is your injury? Is it your back?
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#9
Good luck...I would definitely fight the "slip and fall accusation". If it's bunk...stick up for yourself. Were there any other witnesses or a video tape of the event?
I hope so. Get together with you lawyer and don't let your employment get away with this!
Prayers for you, LillyWink
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
 
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#10
OK, I only know the rules in CA & NY, In CA we had to be trained in B-MAC,
in NY it is SCIP-R. All for dealing with aggressive persons. If you made out the
form, grab a copy & make sure it was done correctly. You might even try ORMDD,
or OMH, depending on what your employer falls under. That might start the ball rolling. GOOD LUCK, Bernie
L shoulder torn 3.5" R shoulder damaged. Heart damage, carpal tunnel (L&R) cataplexy/narcolepsy, arthritis, hypoglycemic. +. Bernie
 
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