looking to settle in New York

[jclape]

hello everyone again i am here to vent let me give a quick update beginning of october went to IME this is the 4th one in 2 years i was there at 1:00pm out in my car by 1:12pm then the doctor in those 10 min took 2 phone calls he didnt examine me and wrote a 3 page report figure that one out but put i was permently partial disabled at a moderate level then 2 paragraphs down put mildly i told him i was still having back spasms and was completely shot every morning when i wake up with stiffness and pain of like 7 and 8. he puts i can go back to work lifting a max of 30lbswhen i can barely bend over to touch my toes with out extreme dicomfort . now lowes all of a sudden starts sending me job offers come back you can answer phones or work in hardware the human resources women says there is nothing over 30 pound there except the nails ,safes, boxes of bolts these people are nuts. and also said i could take a job answering the phone they would let me sit on a stool i have a brand new couch that insnt comfortable to sit on for hours on end and they want me to sit on a stool or stand on a concrete floor for 8 hour this is bull .. i am fed up i had a class b licence i could of gone to a large contruction yard and ran a dump truck for 20.00 a hour but this happened 2 months after i got it and never had a chance to look for a new job. i dont think it is fair to anyone to be forced to take a job because it is available i am 29 yrs old and dont want to answer phones for lowes for the rest of my life. i put in for the settlement just trying to get away from these mental pains in my $SS but they are back loged on court dates till middle of january hopfully i can keep leading the mortgage company on already 6months behind.. i hope my pride of not letting the win doesn turn around and bite me i have a faimly of 4 chioldren to look after but thanks for listening while i vent and thing you can think of to help please write.

[sparkey]

My old employer also was going to have me answering phones and I was a phlebotomist for 15yrs. I felt very downgraded and knew I could never hold a needle again due to dropping things and feeling unsure of myself holding it in someones arm.

The company made up a job of me sitting at a desk watching everytime a patient came in and how long they waited. If they waited more than 15 mins. I would have to find the nurse and tell them how long they were out there.

I could not take the job anymore so I got a job elsewhere within my restrictions. Nothing says you cannot go for another job offer and still have WC pay for all your medical / medications etc. After my IME which was the same as yours, lasting 10 mins. and saying I did not need medication anymore, they then stopped paying for it. My own health insurance pays for it now.

If I were you, I would try to find a job that you WANT to do. You do have to go back to work and try the light duty they offer you until you find other work. If you do not, you could lose your WC due to non-compliance. I wish you luck and know it is a tough time right now for decisions. It actually worked out for me for the best, as I am making more money at this job than I did in 15 yrs. in the medical field.

[jclape]

[quote=sparkey]

[jclape]

yes i was told that i am going to a new lawyer on tuesday this has been let go for to long by my lawyer they are basing my work restrictions on a orthopedic doctor that saw me for 10 min and never even evaluated me the lawyer i spoke with today said that they need to get work restriction from my doctor also he didnt seem to worried just told in a laugh schedule your self a apointment and bring me the goods the place that i worked gave me less than a week to reply to them i called the adjuster and told him that this women has no clue what she is talking about with the job descriptions and i will go but as soon as my back spasms from standing or sitting on there stool that i will be leaving to the er so they can take me out of work again they just dont listen iam in the worst financial situation known and if i could work i would be there i have children that are looking to me to provide. i am ready to get postal i asked for the settlement to get them off my back it seemed to stir up the hornet nest . but let me ask a question if i return to work what happens with the settlement do i still continue with the process or are they going to say well you are working now we are not going to settle out your case i live in new york. i just want out all togather

[sparkey]

I do not know about NY but when I went back to work I was told from my doctor that I had a permanent impairment. Here in NH when you have a permanent impairment you got an award. You go for a PIR rating. Mine was origionally 32 %. When the IC found out how high it was, I had to go to their doctor for a IME. The ortho they sent me to that I was telling you about saw me for only 10 mins. and said I had a 10% and did not need medication.

I went to court and their doctor was more credible. I do not know how as he did not even do but one test with my hand. I ended up getting my award and they discontinued paying for my medication. I still get treatments and go to PM monthly. My own insurance now pays for my meds. I got a lump sum award.

Not all injuries get awards and each state is different. Someone on here would be able to tell you how Ny pays for impairments if your doctor puts you at permanent. I would speak to my lawyer if I were you. I did not have one as I chose to do this on my own because I had no problems with having treatments paid for etc. I was not going to get a lawyer for losing a percentage of my award. I really do not think it would of been much higher.

If I were you, go back to work under your restrictions. If you cannot do it , go right away to the ER or their doctor and get it documented. Also, If you know that you will never be able to continue to do that type of work anymore, I would look elsewhere for something you can do.