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Won Hearing, Employer Appealing
#1
Ohio

Broke my ® foot July 08, at work sustained (Fracture Right Fifth Metatarsal). Developed sprain (L) foot Doctor removed me from work 11/08; R foot had only healed to 40% after 5 months in boot cast. I was released to go back to work in Jan 09, foot healed to 90% after being off of it for 6 weeks. I am now on unemployment, because I lost my job. I am at MMI, because R foot has completely filled.

Last week I attended an Industrial Hearing with my attorney. The hearing officer granted my L foot sprain add on, because of over-use. Hearing officer also granted Temporary Total from 11/08 - 1/09. R foot was approved in March for PT/insoles for R broken foot in March. My doctor requested the same thing for the L foot and was denied, way back 10/08.

(quote) The Hearing Officer said he relies on the office note from Doctor dated 12/08, the C-30 from Doctor and C-9 from Doctor for his decision for add on for L foot. (quote)

(quote) The Hearing Officer said he finds the Injured Worker has overused her L foot as a result of the fracture to her R foot being in a boot which has resulted in a L foot sprain (quote)

Today I checked BWC and the company attorney appealed it. This will be our 2nd time. The First hearing officer was back in April denied my L foot add on, because the hearing officer said the self insured denied my claim. The hearing officer based decision on WC doctor 01/09, C-30 of my doctor and C-84 from my doctor.

The company attorney said he had additional information. What other information could he possibly have? Or is he just dragging everything out? During the hearing he was banging his hand on the table, accused me of releasing my own self from work, accused my doctor of hankie panky, and all sorts of things. I found that he did not stick to the issues which was my medical condition.

In short, I need help from all my friends on the board to encourage me to keep up the fight; God knows I am so tired. The company attorney even ran up to my attorney after the hearing and wanted to talk settlement. I don't understand the game.
 
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#2
well right now the name of the game is patience.....if they have appealed it and have no new evidence to add the judge will get pizzed off at the game and they wont catch another break...and could be fined...I know its hard but right now listen to your lawyer and play it cool
........I love cats, I just cant eat a whole one by myself......







 
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#3
Patience is the name of the game for sure. The employer wants you to get all worked up and they hope you take what you can get or drop the whole thing so just hang in there and wait. It's hard to do but that is what you hae to do to get what you need. Not fair but thats the game
 
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#4
Big Grin 
Thank you Jayne and Maley2, for your advice, and encouragement, it is truly appreciated. I believe I got my strength back, you guys. I have gone this far, and it makes no sense to lose my mind at this time, towards the end of the game.
 
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#5
Netta just be patient....Good Old Ohio takes ther time at dealing with these. You will be fine just be patient and wait it out.. As I told you in my pm i am deaing somewhat with the same issues with appeals. But just be strong and keep on fighting.
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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