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Went to my state Assemblyman's office today !!!! - tony47 - 10-19-2007 02:29 PM
Well that did no good like most of you have told me. He asked me if i had an attorney i told him yes he said he would be happy to wright up a letter to send to the WCB for me if that would help but he said he wants to talk to my attorney first, not to go over his head or behind his back. So while i was sitting there he called him, funny how fast he got to talk to the head of the firm once he said he was a state assemblyman ( i never get to speak to the boss) My attorney told him this is a normal wait time 9 months now no money coming in and that after two hearings with the last one the judge saying oh i am not ready and did not go over you docs dispositions and if the assemblyman wrote a letter to the comp board that would just get the judges mad and it will back lash on me. I am starting to hate the WC Judges just as much as the Ic's maybe even more now. Who cares if they get mad screw them they are not doing there jobs or anything for me as it is. 9 months two hearings later with no decision and i am in limbo land with one month of rent money left. How much more can they do to me that they already have not done. The Judge what does he care ? My attorneys what do they care ? and the Ic well we all know there view point they rather see me homeless then cut into there profit margin. I have my Docs that say i can not go back to work and won't clear me to return. I have the Ic's doc saying i am fine go back to work. the Ic is saying we are not paying you there is nothing wrong with you the ime say's so. My civil service job that i have had for 14 years is saying if you don't return back to work by this Dec 4 one year since my injury i am terminated. Never being injured in my life and not understanding the workers comp system i made the biggest mistake of my life when i fell off that ladder almost one year ago i should have just kept my mouth shut went home and called my own private doc and said i fell in my own apartment. WHAT A MISTAKE I MADE and will now live with it forever !!!!
RE: Went to my state Assemblyman's office today !!!! - chrischris - 10-19-2007 04:28 PM
Tony, You did nothing wrong. The system is screwed up and works against the Injured Worker, rather than for the Injured Worker. We are guilty until proven innocent, if we don't give up before that happens.
Good for you for going to your States Assemblyman's Office. At least you planted a seed in one person, who just might think a little differently having actually heard from an Injured Worker.
When I was first injured, everything went smoothly, until I needed my first surgery. It was like a completely different I/C than what I had been working with. I was dumbfounded, to say the least.
Anyway, I wrote California Governor Arnold Schwarzenegger a letter expressing my new found feelings and how I personally was being treated by a system that was supposed to be helping me.
I received a generic response that said "California Governor Arnold Schwarzenegger Cares About Californians" and he is very much interested in hearing from you. Please give us your case number and all the details of your concerns.
I did respond, but at that time, my arguments and knowledge of the WC system were very slim, and I didn't have a case number yet because I didn't want to have to litigate my claim. I explained all that in my response, but I have never received a reply. Ha! Go figure?
Keep up the good work and take care of yourself.
RE: Went to my state Assemblyman's office today !!!! - CRABBY - 10-19-2007 04:34 PM
Tony I really feel for you...your lawyer seems he's dropping the ball...I would think any attorney worth their salt would be willing to having some backing and especially help from an assemblymen...these situations are what we need for all to hear....it needs to be addressed and resolved...yes it would seem a lot easier if we never reported our injuries, and that's what they would want..but you did and now your involved in all of our world...but you have to keep faith, you'll get thru this...have you tried getting financial assistance against your suit? that might be one solution....pm me I have some numbers for you, if you want to try that route...
RE: Went to my state Assemblyman's office today !!!! - Bummer Knees - 10-19-2007 06:34 PM
Tony
It is nice to hear from someone that advocates for themselves.
With your assemblyman hearing your story that had to make an impressions that he will remember.
The only way injured workers can make a difference is to speak out and be assertive not aggressive with our voices.
Has your claim been approved? If it has been then there should be timelines that are required of the insurance company.
When my claim was approved the insurance company had 10 days required by Kansas Law to issure my first check before the penalities started.
Is your attorney a work comp certified attorney? It just dosen't sound like your attorney is doing his job, have you given thought to firing this attorney and hiring another one?
I was injured in 2005 and have been waitting for 2 years for treatment of my knees as I need bilateral knee replacements. When I was first injured there was a witness to my accident and the accident was reported to Human Resource. I went to HR and told them I did not want to do a wc claim and told them I wanted to run the injury thru my health insurance. My employer told me, "We have a legal responsibility to file a wc claim on your injury"
The lack of treatment of my knees has lead to low back & leg/nerve pain & problems with my left hip.
I have volunteered as an Educational Advocate for children with disabilities advocating for their educational rights under IDEA.
One thing I tell the parents I work with is, your power is the knowledge you have about IDEA and the educational rights of your child, learn everything you can about the laws that surround your child's world.
Tony, that is what I am telling you. Go to the top of the page and go to the information by state. Read and search everything you can about the work comp laws of your state. Your power is not only the knowledge you have of the work comp laws but what you do with that knowdledge.
Good Luck,
Bummer Knees
RE: Went to my state Assemblyman's office today !!!! - rholmes - 10-19-2007 08:16 PM
Tony,
Wow seems like grace is not on your side right now, but you are on the right road and don't give up that's what they want you to do. In CA. we can apply and get state disiability, even if it is work related and they WILL INVESTIGATE and find out what the problem is and why you are not getting money while injuried. I think the biggest problem is the jerk AME they have in their pocket has thrown you to the sharks. The system feels that if you have your own private doctor then he must be a friend or a relative, so they keep their flunkys in their pockets just for people they want to discredit. Trust me like I told you my story is the oppsite my doctor released me so they found two doctors in riverside both qme'a I told them that all i wanted to do was get back to work. When asked how do I make it through the day I told them with tylenol or motrin and on really really bad days I take my vicodins when I get home, they both sent me back to work and things were fine until now. They finally found a doctor in their neighborhood and he is the only one that said I couldn't work and that was it, they took it and ran with it now I am fighting to just keep my job for 11 1/2 more months.
I too have only a few more months before they can fire me I have been off since March 1st. and If things don't change before then I can just say bye bye to 2/3rds of my penison and my lifetime medical. I really just don't know what else to say that might help you Tony just keep God close by and he will hear you maybe not when you want him but he is never late.
RH
RE: Went to my state Assemblyman's office today !!!! - tony47 - 10-19-2007 08:17 PM
Thanks chrischris, Crabby and Bummer knees,
Bummer knees no my claim was denied after the ic sent me to there ime for a 5 min no exam exam. I got injured on 12/04/06 i was collecting workers comp up until 2/20/07 then it was denied after the IME. The ic sent me to there place of choice for a MRI and that showed bulging disks My Doc did a EMG and showed nerve damage. But after the MRI that the IC sent me to came back positive for a injury they of course did not like that so they sent me to there IME doc and he said there is no damage without even looking at me or the MRI and EMG test. At that point the ic just cut me off No Meds No PT no checks that has been the case since Feb. I went to two WC hearings since and nothing has been done the last hearing on 10/03/07 was suppose to be a decision made but The the Judge if you can believe it just said oh i don't know why you are here in front of me i did not look at your docs and the ime docs dispositions so i can' t make a ruling at this time, i am sending it to a senior law judge to make the decision, and that can takes months in New York there is no time limit whenever they get around to it . Why did they send me a notice to appear for a hearing they for sure dropped the ball and i am suffering for it. I have learned alot of things so far about WC in NY and one is everyone is so afraid of the WCB judges it is amazing i never seen so much power if you look at them wrong they will Deny you your benefits. I am sure it is like this in other states also I do have an attorney who like i said before states if you bother or ask the judges to expedite the decision that will only hurt the case. I am not the criminal here the IME doc is. Why should i suffer i have the legitimate injury with proof to show it, not the IME he should be the one to suffer him and the IC. And yes more and more people are saying my attorney does not sound good. I picked a pretty big law firm who only handles WC and SSD cases and have done so since 1969 so i said well how bad can they be? Should i just fire then now while i am waiting for a disision ? Or should i now wait until a disision is made? What scares me even more is they are also handling my SSD case . Thanks everyone here for letting me vent on this site and i know that there are so many here that have gone thru this same exact thing it just makes me so mad that we are treated like this. I am also paying for my meds out of pocket and i am keeping all the records but i just have this feeling i am being rail roaded here and they will deny me, and all my out of pocket expenses will be just that out of pocket and never to return
Bummer Knees Wrote:Tony
It is nice to hear from someone that advocates for themselves.
With your assemblyman hearing your story that had to make an impressions that he will remember.
The only way injured workers can make a difference is to speak out and be assertive not aggressive with our voices.
Has your claim been approved? If it has been then there should be timelines that are required of the insurance company.
When my claim was approved the insurance company had 10 days required by Kansas Law to issure my first check before the penalities started.
Is your attorney a work comp certified attorney? It just dosen't sound like your attorney is doing his job, have you given thought to firing this attorney and hiring another one?
I was injured in 2005 and have been waitting for 2 years for treatment of my knees as I need bilateral knee replacements. When I was first injured there was a witness to my accident and the accident was reported to Human Resource. I went to HR and told them I did not want to do a wc claim and told them I wanted to run the injury thru my health insurance. My employer told me, "We have a legal responsibility to file a wc claim on your injury"
The lack of treatment of my knees has lead to low back & leg/nerve pain & problems with my left hip.
I have volunteered as an Educational Advocate for children with disabilities advocating for their educational rights under IDEA.
One thing I tell the parents I work with is, your power is the knowledge you have about IDEA and the educational rights of your child, learn everything you can about the laws that surround your child's world.
Tony, that is what I am telling you. Go to the top of the page and go to the information by state. Read and search everything you can about the work comp laws of your state. Your power is not only the knowledge you have of the work comp laws but what you do with that knowdledge.
Good Luck,
Bummer Knees
RE: Went to my state Assemblyman's office today !!!! - Bummer Knees - 10-19-2007 08:43 PM
Tony
You are in a tough spot with your attorney.
Even when ther are time lines they are not always followed.
I went to court Aug 28, 07 seeking medical treatment and according to law the judge has 5 business days to make a decision.
The court decision is dated Oct 12, 2007 per court order and rather then the judge make a decision the judge is sending me for an IME.
RE: Went to my state Assemblyman's office today !!!! - tony47 - 10-19-2007 08:43 PM
wow rholmes i know i was thinking about you today we have the opposite happening to us and it is not what we both want. I feel for you as i to want to just end this all and go back to work but because of my injury docs will not let me. See in NY when you get injured on the job you always go your own Docs of choice but you or your docs cant lie about what a MRI or a EMG shows the only liars here in NY are the IME docs that the ic have they are not there to treat you or give you any advice they are there to side with the Ic and that has to be changed. The system is broken and it don't work. The only way is to take license away from these docs so they can't practice medicine ever again it is so blatant that it's not funny. How does a Doc put his name on a disposition sating there is nothing wrong with you when there is medical test that show proof of a injury ? Just like you there are 3 docs that say you can go back to work and then this one so called doc that states you can not.Some where along the line someone with some common sense needs to step in and stop this madness called workers comp. I pray that you get you 11 1/2 months in and retire then all this will be left behind except for the injury that we all live with every single day
rholmes Wrote:Tony,
Wow seems like grace is not on your side right now, but you are on the right road and don't give up that's what they want you to do. In CA. we can apply and get state disiability, even if it is work related and they WILL INVESTIGATE and find out what the problem is and why you are not getting money while injuried. I think the biggest problem is the jerk AME they have in their pocket has thrown you to the sharks. The system feels that if you have your own private doctor then he must be a friend or a relative, so they keep their flunkys in their pockets just for people they want to discredit. Trust me like I told you my story is the oppsite my doctor released me so they found two doctors in riverside both qme'a I told them that all i wanted to do was get back to work. When asked how do I make it through the day I told them with tylenol or motrin and on really really bad days I take my vicodins when I get home, they both sent me back to work and things were fine until now. They finally found a doctor in their neighborhood and he is the only one that said I couldn't work and that was it, they took it and ran with it now I am fighting to just keep my job for 11 1/2 more months.
I too have only a few more months before they can fire me I have been off since March 1st. and If things don't change before then I can just say bye bye to 2/3rds of my penison and my lifetime medical. I really just don't know what else to say that might help you Tony just keep God close by and he will hear you maybe not when you want him but he is never late.
RH
RE: Went to my state Assemblyman's office today !!!! - tony47 - 10-19-2007 08:54 PM
You see Bummer i guess we are the only ones that need to follow the rules. I guess this judge did not care about the 5 day law. And why would (s)he ? Its not there pain or injury. And now he is leaving it up to the IC's IMe yea right that will work out real well. I am telling you if i had to do it all over again i would have said i fell in my apartment i had great medical all my problems would have been delt with already. I hope it goes well for you
Bummer Knees Wrote:Tony
You are in a tough spot with your attorney.
Even when ther are time lines they are not always followed.
I went to court Aug 28, 07 seeking medical treatment and according to law the judge has 5 business days to make a decision.
The court decision is dated Oct 12, 2007 per court order and rather then the judge make a decision the judge is sending me for an IME.
RE: Went to my state Assemblyman's office today !!!! - vickinat - 10-19-2007 11:10 PM
Hi Tony:
I'm sorry it has taken my so long to respond to you, and welcome you. My injury was in 11/06. Back injury which affects the left hip, buttock, leg and foot. I had an MRI in 12/06 in which the radiologist read it wrong and reported no bulges or acute injuries. Since April, I have had 3 other Drs. review the MRI films and all stated that there are 3 bulging discs(mild). I will not go into all my details, you can also click on the find button under a person's post and read all post by that person.
I too had a crappy IME that was in the WC pocket in July. Since he went against my treating Dr's. restrictions and wrote a bogus report (18-19 inaccuracies, mistakes or outright lies), stating that I could do my regular job at work, which I can't. The W/C had my employer try to make me comply with these rules, with telling them that they could lose them as their carrier. I work light duty with restrictions, one of which is no brake press (my reg. job).
Since July the W/C had filed a Utilization Review of my Dr.(now my previous Dr.). They wouldn't approve any meds so like you I payed out of pocket. I also had my TPD suspended for the wage loss that I occurr due to my injury. I then got a lawyer, and wished that I would from the beginning. It took till the end of sept. for a ruling, which was yes and no. My meds were agreed to be necessary, and now am waiting for reimbursement.
Since changing Drs. last week the adjuster still won't approve any meds or anything, saying it is because of litigation and stated that she was going to file another review, this one on my new Dr. after 1 visit so far.
My lawyer gave me a brochure about Worker Comp Rx. which is a pharmacy that fills your meds at no charge as long as the doctor is billing W/C and not private ins. Even if your meds. were denied or you are in litigation. They deliver them to your door by DHL. It would be worthwhile for you to check about. I'm in Pa, but I think there is differant sates on thier website. http://www.workerscomprx.com.
Good luck and take care
Vickie