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praders1 · (This post was last modified: 08-04-2010 07:37 AM by praders1.)

On 3/19/2010 while working as a caregiver in Ca. I attempted to lift a pt. I immediately felt a sharp pain and burning in my back. I called my employer immediatley to report the incident. I had been to the Workers Comp. Dr. twice before in the past year, once for a fall, and once for an assault by a mentally unstable client who had brandished a knife. The Dr. took me off work for a week and then I went back to work with no restrictions. Both cases were closed. But, during the course of those visits I had mentioned my pre-existing back condition ( disk protrusions L3, L4, L5- S1 which are at their maximum on the left side measures about 3mm and indents the S1 nerve root). the Dr. told me that my primary Dr. would have to address those issues, as he was already seeing me for them. When I reported the incident I told them I was sick and hurt my back. My company is now saying I reported being sick but no mention of my back. They are now fighting the claim and have hired a P.I. I'm so confused as to what to do. Should I hire an Attorney? Should I even fight this? Oh by the way I'm new to this site and really can relate to a lot of the pain and frustration that people are feeling. I would love some advise.

1171 · 04-26-2010, 05:15 PM

Only you can decide whether the work comp benefits are worth fighting for.
You should find out what the benefits are available in your state to help you decide.
Most states have a web site with information.
you did not give your state so I can't direct you where that is.

praders1 · 04-26-2010, 05:34 PM

1171 Wrote:Only you can decide whether the work comp benefits are worth fighting for.
You should find out what the benefits are available in your state to help you decide.
Most states have a web site with information.
you did not give your state so I can't direct you where that is.

I'm from California. Well since my Primary Dr. took me off work for 3 months and Workers Comp. pays more that State Disability I would rather have that. Also my back pain has been excruciating since the accident. I think if I had another MRI it would show the additional damage done from the accident. My last MRI was done over a year ago. Is it unlikely that the Workers Comp. Dr. would order another one due to the expense?

1171 · (This post was last modified: 04-26-2010 05:43 PM by 1171.)

I cannot speculate on whether price is a factor in your doctor's decisions.
It's not in utilization review programs.

If your claim was denied then by all means file an appeal.
the employer/carrier is required by law to give a written denial and how you can get help appealing--an atty is not required.
Make sure you have filed a claim form and that the claim isn't under 90 day delay.
you can find out more from the guidebook
http://www.dir.ca.gov/dwc/iwguides.html
or contact the Information & assistance officer
http://www.dir.ca.gov/dwc/IandA.html

Wink · 04-26-2010, 10:51 PM

praders1 Wrote:On 3/19/2010 while working as a caregiver in Ca. I attempted to lift a pt. I immediately felt a sharp pain and burning in my back. I called my employer immediatley to report the incident. I had been to the Workers Comp. Dr. twice before in the past year, once for a fall, and once for an assault by a mentally unstable client who had brandished a knife. During the course of those visits I had mentioned my prexisting back condition ( disk protrusions L3, L4, L5- S1 which are at their maximum on the left side measures about 3mm and indents the S1 nerve root). the Dr. told me that my primary Dr. would have to address those issues. When I reported the incident I told them I was sick and hurt my back. My company is now saying I reported being sick but no mention of my back. They are now fighting the claim and have hired a P.I. I'm so confused as to what to do. Should I hire an Attorney? Should I even fight this? Oh by the way I'm new to this site and really can relate to a lot of the pain and frustration that people are feeling. I would love some advise.

From the looks of it, you're certainly going to need a seasoned lawyer fighting for you. Run, don't walk! Just make sure that he's/she's a reputable lawyer. Good luck!

praders1 · 04-26-2010, 11:07 PM

Thanks for your reply! I will. I heard when they do hire a PI that it is almost impossible to win a claim. Has anybody heard that?

jayne · 04-26-2010, 11:10 PM

if you are truly hurt and are following your Drs orders you dont have to worry about the PI

Wink · 04-26-2010, 11:18 PM

praders1 Wrote:Thanks for your reply! I will. I heard when they do hire a PI that it is almost impossible to win a claim. Has anybody heard that?

We have heard it ALL. Never mind the negatives. There are as many positives. Just listen to your gut feeling and go with that. Make an appointment with several lawyers. Discuss your case in person so the both of you may have a better feel about what is or what may not be. Think positive.

Wink · 04-26-2010, 11:19 PM

What Jayne said, too! Smile

praders1 · 04-26-2010, 11:24 PM

Oh there's no doubt I'm truly hurt. But when he called me he caught me off guard and I had no idea who he was. So when he asked me questions about Dr.s names, hospitals, past employers, ect. for the last 10 years I'm not real sure if all the answers were correct and in order. Could the claim be canceled for that?