Up for MII now and very very worried

[bagpussinamerica]

After having hurt my back (L5-S1) in August of last year, having steriod injections and finally surgery in Feb. which showed extensive damage to nerve, and lots and lots of physiotherapy, my surgeon is now referring me to an Industrial person to evaluate for restrictions. Which worries me a bit having heard all of the horror stories. Now, on top of all of that, I get a call from the vocational rehab person who tells me that because w/c took an average of my wages during the last four weeks of work before my injury...they can make me take a job that pays $9.75 an hour (my employer was away for a weekend which caused a reduced wage return). This makes no difference to w/c. The surgeon is keen that I get retrained into nursing since that is what I did in England and because of the shortage here in this country. He has stated as much in his letters to workmans comp and the industrial people. He has also implied that he let me know that I should be in a good position to force the issue by taking an attorney and getting a settlement if w/c are unwilling to retrain. Basically the vocational rehab guy tells me that he has put in for me to do a job sitting at a desk all day tied up to a computer and a headset answering peoples angry calls with a local t.v. satellite company. I can't even sit for half an hour at my own computer. But he made it clear that I was not in a position to debate the issue. And that at the end of the day if w/c decides that I can take a job as a person at McDonalds, then that is what will happen. I feel like no matter what my surgeon says the others in this issue are preparing to sell me down river. I still have two months of physio to see through before I can be expected to even walk properly. Obviously an attorney would take what he wants from a settlement. So my question is this. If I go for settlement to use that money to go towards retraining myself, as my surgeon suggested, how are settlements calculated?

I have to say that now I am feeling somewhat better I am getting really worried and stressed. I can't even sleep at night now because of this.

I am in Montana

[Lilly]

bagpuss ! you're here!!

I know you've not been feeling well enough to post, but i have been wondering about you! You are still in my prayers ya know.

I agree with the VR process. It's extremely humiliating, and downright appalling that one must work at such places & for piss poor pay. One of the jobs VR wanted me to apply for was "passing out pretzel samples" in a mall ! Humiliating & degrading!

I think you shouldn't be getting yourself all stressed out over the VR process yet, as you are not at MMI yet, and you do not know what restrictions you'll be given by the doctor. I think the VR person is pulling your strings on purpose...to get you scared & worked up.
I also feel that your doctor is on your side, and possibly he'll write restrictions to protect you from having to settle for some of WC's brain storm crappy jobs! No matter what...they still must make up the difference in pay. I also thought, that if retraining was needed...that WC/IC flips the bill for this also...schooling would be done & over prior to settlement....but i may be incorrect

I do not know how they figure settlement amounts. ...but I'm sure someone will be along soon that knows the process.

Take care bagpuss, I pray you feel better daily. Lilly

[Bad Boy Bad Boy]

If you don't have any of what has been said in writting then I will tell you, that your being bullyed.


Payroll, it works off the past 12 months of pay, not a few weeks before injured. Your being conned.

Voc Rehab person is forcing undo stress on you, and they are using that to their advantage. Don't let them. Put your foot down, tell your Attorney to set-up a meeting with Voc rehab before anything else is now done.

This is not ethical and should not be done. But it most likely is all verbal, and you won't be able to prove it now.

Want Voc Rehab Law? ;

http://caselaw.lp.findlaw.com/casecode/u...n_723.html

Best learn your rights now.

Obtain their License to see if it's up-to-date;
http://www.crccertification.com/

State Voc Rehab Services;
http://www.ssa.gov/work/ServiceProviders...iders.html

More Law;
http://www.ncd.gov/disabilityrights.htm#RehabAct

Report the verbal abuse now, or you will only suffer more.

[bagpussinamerica]

I thought to myself that I shouldn't start getting all stressed before I know what restrictions there will be. The V/R guy said that I would qualify for benifits only if the restrictions are 15% of what I used to be able to do. But the question is 15% of what overall I used to be able to do, or 15% of only what I used to be able to do on the job.

My surgeon also said that the nursing jobs he has in mind don't have heavy work, i.e. lifting etc, involved. But V/R says that all nursing jobs here do have extremely heavy lifting involved and he will not even consider having me train up to American nursing standards since I was not a nurse in this country. And he said that if my skills were so good in the nursing side then I would not need his help in any case and I would be left high and dry. I did stand my ground, however, and told him that I was not willing to be a customer service rep when my skills were more qualified than that. He didn't take a blind bit of notice.

Having said all of that, my surgeon told me that the industrial person he was sending me to he knows well and that she will not send me down the river....so to speak. He trusts her implicitly. And apparently she takes notice of his recomendations.

It has been such a hard struggle to stay positive. Especially after the surgery. That left me so mentally and physically disabled for a while that I worried that I would never regain something as simple as typing an email. Or speaking clearly. I know for sure that I am slightly depressed, but work hard to ensure that I am not disabled by that as well. I hate this whole thing of being made to look like a fool, and a stupid fool at that.

[Bad Boy Bad Boy]

Do not share this information with anyone, not one single person. Trust me now.

(my surgeon told me that the industrial person he was sending me to he knows well and that she will not send me down the river....so to speak. He trusts her implicitly) < Do not share that<<<

[bagpussinamerica]

[quote=Bad Boy Bad Boy]
Do not share this information with anyone, not one single person. Trust me now.

Thank you for that. I won't I have only mentioned it here to show the support of the surgeon. I haven't even spoken to w/c yet because I am worried that they might try to get their own person to evaluate......I am truly getting paranoid on top of everything else!!!!!!!!!!!

[Bad Boy Bad Boy]

What they don't know will only help you more.

[stiffnecked]

I'd get an attorney. They are limit by WC rules as too how much of a fee they can collect. More often then not they will recover more for you than you can on your own.

They say a person who represents themselves in court has a fool for a client....