Supersedeas hearing what to expect?

[backache]

I have to go to a supersedeas hearing and I wanted to know what to expect. I was sent back to work by the WC PA she said she was forced to send me back by the insurance DR. After my 90 days I went to my PCP and he took me out of work. They had already cut my benefits to almost zip, so now I have to prove my PCP is doing the correct thing keeping me out of work, since I was suppose to be doing sedentary work and my employer had me doing everything but. The IC had an FCE done and he said I was not trying. I did at the beginning of the test, but unfortunately the night before the test I had only slept 2 hours , since I was in a great deal of pain, and the longer the test went on (it was over 4 hours) the worse I got. He had done a base line BP and pulse at the beginning of the test and my pulse was 80+ A woman of my age and pysical condition should have a 74-77 resting pulse. As the test went on the evaluator had put a pulse ox on me and even at rest my pulse increased because of the pain. On the slightest exertion my pulse would jump up to 110 -120 . When it hit 134 I began to panic. I told him I wanted the RN on duty to check my BP and pulse and his response was. "I took CPR and I have never had to use it yet, but there is always a first time". At this point I refused to do any more since my chest was pounding , my carotids were throbbing and my head was pounding. I truly thought I was going to go into cardiac arrest. I had to go out and get 2 extra strength Tylenol from a friend of mine because I hadn't brought my meds with me and I desperately needed something.She told me I looked terrible. After the test I was going to walk to my friends house, which is only a stone throw away from where I was, and this jerk put on the paper that he felt if I was as bad as I was claiming to be I shouldn't have walked. I was going there to meet my husband, but I saw him coming before I got to her house and he picked me up. The reason I wanted out of there was I was under great stress since they did the FCE at my place of employment and the higher ups were treating me as if they didn't even see me, they had offered the evaluator refreshments and food on 4 different occasions and would not even acknowledge me. I also wanted to get away from this man that I did not trust. I have been doing a great deal of work getting all of my medical files copied, The Dr's to write written reports with History, exam, diagnosis, treatment, cause, condition and extent of resulting disability. I have drawn all floor plans to prove that my employers were not giving me sedentary work, but that I had to be up most of the time while there, filing, faxing, making copies, transcribing etc. I had been speaking to a lawyer, but I have had nothing but bad experiences with lawyers in the past. I know you are all going to tell me to get a lawyer, but if I do he wants 20% and expenses so if I win having him I won't be gaining very much at all. If he looses or I do I will be in the same place I am now. Sorry this is so long, but the entire ordeal is making me sick.

[CRABBY]

Backache, why don't you pm Tim Belt,he is a wonderful attorney here on the forum and ask him for his advise and maybe a referral, He's in PA also, he has been so helpful and forthcoming with advise and information here....he is on our side, I'm not sure about the 20% and expenses in PA, but here it's a flat 20% fee cross the board...How cruel of the evaluator and ups not to be concerned for you welfare and not even to offer you refreshment....I'm a true believer in what goes around comes around, and they will have to face our maker for their actions...Please call or pm Tim Belt, I'm quite sure he is willing and more than able to assist you...hang in there and remember take care of yourself first and the rest will follow....saying prayers for you!!!!

[katicabogar]

Backache..sorry about your bad experience regarding the FCE.
I had two so far..first time it went well, but the second time, I almost gave up, too and walked out. Second FCE was in a different place and I believe W/C case manager instructed them to give me extra hard time. It lasted 6.5 hour without any break. I had two person monitoring me all the time...I was yelled at constantly to try harder. When I couldn't bend my right thumb as far as the left, they forced it back and measured that way so it would match the left. I was videotaped how I opened my water bottle. I was humiliated so bad when one of them yelled at the other "look at those biceps, get it, get it"...meaning to videotape my biceps, too. I am not young but I am in good shape as I hike/walk a lot, but I don't play any sports with my hands.
I almost cried during the whole process because of the humiliation, the pain, but I didn't quit because I heard they would use it against me later not trying hard enough. I was in a lot of pain after that for two weeks and I am terrified to go through with it again.

I have a lawyer now so if I have to do FCE again I hope I don't have to do at the same place.

Hope everything turns out well for you.

[Bummer Knees]

katicabogar

I have never had a FCE but what you described borders on abuse.

Each state has an Advocacy & Protection Agency and they need to be contacted when something like this goes on, wc lawyer or not.

The agency that license the individuals doing the FCE also needs to be contacted, perhaps by your attorney. Also would make sure the judge is aware of all details of this FCE. My sister's attorney always told her to have a small tape recorder at all appointments and evals.

[backache]

The thing that upset me about the FCE was, the man doing it would say it's up to you if you want to do this part or not. The way I was feeling that day there were many things I didn't think I could do because I felt they would make me worse than I was, and I would tell him this. There are days when I am much worse than others and this was one of my worse days I had experienced due to lack of sleep and other factors.

[Lilly]

Backache,
I'm very sorry you had to endure such treatment....IMO it does border on harrassment or cruelty. I have not yet had to go through such a test...and hope I don't have to....as I'll never make it either!
My prayers are with you, Lilly

[katicabogar]

Backache,

I think you need an attorney now because things will just go downhill for you now, if you don't. I am dealing with W/C since 2004 and didn't want to give 10% of my little check to a lawyer, neither, but there comes a time in this sorry business, when there is no other option. I was mistreated by my doctor, by my employer, by the w/c system and by the second FCE people because they knew they could, as I had no representation.

Bummer Knees..I know I was treated so horribly by FCE people and I wanted to file a complaint against them, but I was so depressed after that visit, I just wanted to hole up and cry. It was back in May 2007 and I am still mad, but maybe it's too late to file complaint against them. My lawyer didn't represent me at that time and doesn't want to deal with it now, thinks it's not important.
Taking small tape recorder is a good idea, I think I will do it next time.
I had no idea they will treat me like that(and I haven't even told half of it), because I had better experience with the first FCE.
If I end up in court maybe I can request their videotape to show...I am sure it shows in my face how hard it was for me not to cry and how badly I was hurting.
Thanks for your advice.

[Bummer Knees]

You can bet that videotape is is very much edited.

If I had gone through an FCE like that I would want to cry also.

Just reading your story about your FCE makes mad.

As IW's we need to stop lthe WC IC's from walking all over us but they know how to control us, by with-holding medical treatment, medication & wc checks.

[jayne]

I never had to have one of those thank God I wonder if in the middle if you were in alot of pain you could ask for an ambulance?Wonder if that would stop the crap if a report and 911 were called....

[Lilly]

I have a question....what if one's heart was to act up during one of these tests? Reason I ask is I am a heart patient!I worked two years very sick prior to heart surgery & then I went back to work for five years after open heart surgery...then my injury was the straw that broke the Camel's back. Do they take blood ox , heart rate & BP during the FCE tests?? What the heck does this have to do with a hand or arm injury? If one was to fail the tests due to heart.....and not injury, what happens then? Yikes!
Lilly