i got screwed

[pavilion212]

The w/c doc sent me to p/t rehab for 8 weeks. I went and did everything they told me to and was in pain every step of the way. I only saw the doctor for a few minutes every week so he could write out scripts.
After being home for a few weeks I got a letter from w/c saying that the doctor at the rehab said i could go back to work. They had a long list of restrictions like can not lift over 13 pounds. The letter also said if iI took a job and didnt follow the restrictions they would sue me.No one is going to give me a job when I have a long list of things I can not do.
They also said the have decided I was 5 percent diabled and was going to give me a pay out of 3,000 dollars. If I have all these restrictions how can I only be 5 percent disabled?
I have a lawyer and he is "working on it."
How can they do this? I feel like I was set up.Plus the doctor that sent me to the rehab is part owner of it. The whole thing was a set up I think.

[oblivyous]

Hi Pavilion, What state are you from? It will be helpful so anyone from your state can help answer any questions or concerns you have. Do you have a primary care Dr who might be able to either evaluate you or recommend a Dr you might see? Im pretty sure that no matter what state youre from you are entitled to your own Drs opinion. This sounds like a kangaroo court . Someone from your state should come along soon. Keep checking back. Sher

[Lilly]

Hi there,

Only the treating doctor can release you back to work.....NOT the rehab or PT people.
Please give us your State....as each state has different WC rules.
Take care, Lilly

[hurt at work]

im with lilly only th dr can release you to work with or without restrictions.

[lalah]

Only your doctor can give you your restrictions? Get an attorney.

[Cycler]

It is certainly not true at all that only YOUR Dr can release you to work or give you restrictions. Any Dr. who performs an IME or even reviews relevant records may make a determination of work readiness and may make RTW recommendations. It happens every day in every state of the Union for every type of employer including federal. You may be surprised to know that there are IWs on records THANKING the IME or employee Dr for releasing them to work when their own Dr. would not.

Now, because WC is an adversarial system you get a say too and so can contest, by your states mechanisms, any objection you might have and,of course, you mayor may not win that argument. But the employer is protected against fraud just as the IW is and so has protections against unscrupulous Drs and employees ( Yes Frances, they do exist ) acting on their own agenda.

[sparkey]

Have your lawyer set you up for a PIR rating with a good doctor for a second opinion. Seems whatever the IC doctors say after an IME you lose medications being paid for etc. That is what happened after I saw the IC doctor.

I cannot understand how the patients treating doctor would not be more credible when they are more involved in the patients care the whole time. The IME doctors spend all but 10 mins. evaluating.

This is where I cannot understand the WC system. It just does not seem right that they get paid big money for the IC to stop paying for things after paying these doctors to say whatever they want to hear. You need another evaluation to compare it to.

[Cycler]

PAVILION,
THe answer to your question is that the 5 % and your restrictions are two completely different ideas and not as closely related as you would think in the world of workers comp.

One is an impairment rating, a medical determination of alteration from accepted norms of function, and the other is a disability ( current ability) assessment which is a social issue having to do with ability to engage in desired activities.

Impairment and Disability are speaking to completely different issues and even though the one may be derived from the other there is no linear correlation between the two.

[Lilly]

quote "But the employer is protected against fraud just as the IW is, and so has protections against unscrupulous Drs and employees"

I understand this Cycler....but why does it always seem ( at least on this forum)that the IW gets the short end of the stick in most cases. The IW never seems to get prompt care, IC stalls meds & care, a court hearing several months down the road does not help the hurting party during that waiting period, a general run-a-round is norm for the IC to the IW.
I understand that there is fraud in this world of WC....but most people don't make up their stories...as the pay one receives is no where near what they could make if working. Heck they'd starve to death, or be on the streets!
confused, Lilly

[Cycler]

Lilly,
I imagine the reason is because a WC internet forum would really only be of interest to IWs having difficulty with their claim. If you feel that it's too one sided for your peace of mind here I might suggest you hang out on the employer board for awhile where the employer gets screwed everytime by all their bad employees.

It's funny how that works , no ?