Backed in a corner in GA

[hopelostinhumanity]

My husband & I have been living a nightmare for 4 weeks. Although I know our story may seem trivial in comparison to some, I can't explain the shear volume of my anger, hopelessness, and total disparity NOT to be able to stand up & speak up for my husband's right to proper care & compensation. Nor my husband's right to!

Any advice or kind words would be appreciated.

Thursday, 9/24 – Date of Injury (Fell on left knee with full body weight while working in 4' attic on the job. Pain & swelling immediately. Company sent to Emergency Care where he was diagnosed with a contusion of the knee. Doctor released for restricted activity. Using crutches)
Friday, 9/25 – Unable to work due to injury (knee swollen more, pain worse, started running fever)
Saturday, 9/26 – Went for follow-up (Advised doctor not getting better, running fever) Doctor said he must be coming down with a cold or flu. Released for restricted activity.
Sunday, 9/27 – Knee swollen more, red, warm to the touch, pain worse, running low grade fever.
Monday, 9/28 - Unable to work due to injury
Tuesday, 9/29 - Unable to work due to injury
Wednesday, 9/30 – Attempts to work, makes it thru the day. (Pain unbearable) HR manger looked at his knee, knows something isn’t right, makes appointment for orthopedic doctor (He was not given a list to choose his doctor)
Thursday, 10/1 – Worked until his doctor appointment. Doctor does emergency surgery (local anthesia/90% of patients put under) to remove infected bursa sac.
Monday, 10/5 - WC case manager calls to check on husband. Nurse called her with lab results & said husband has bad infection. I tell her we have not recv'd call from doctor & ask what is going on. She quickly states she's not a doctor & doesn't know what the results mean and gets off phone. VM to nurse which is returned late afternoon. Husband has MRSA.
Tuesday, 10/6 - PICC line put in for IV antibotics
Wednesday, 10/7 - Appt. with infectious disease doctor. She looks at husband's knee & says it looks good. Ask her about the MRSA. Said it wasn't MRSA but staph. (same thing) She responds she doesn't have all the paper work from ortho. He was supposed to call yesterday but must have forgot. Smiles & said "You know how us doctors ARE." Left office without any information. Wasted time!
Thursday, 10/8 - Follow up with ortho. Doctor looks at knee & says it looks good. Asked husband how he feels. Husband responds he is still in great deal of pain and it feels like it did when it was infected. Doctor raised his voice became aggitated, mocking, intimidating & told husband since he was in SO MUCH PAIN that he would admit him to the hospital for 2 weeks. We were shocked speechless. Again, doctor raised his voice became aggitated & told husband since he was in SO MUCH PAIN that he would admit him to the hospital for 2 weeks. He asks if that is what my husband wants. My husband said you asked how I was feeling & I told you. Doctor then asks if it is 25%, 50% or 75% better. Husband replies 50%. Doctor tells husband he has done thousands of these surgeries & he should be farther along than that. He give husband 3 options: hospital, continue his care at home, or MRI. My husband said you are the doctor if you think I am fine, I will continue my care at home. Again, doctor gives husband 3 options: hospital, continue his care at home, or MRI. I speak up & say MRI. Husband follows my lead. Doctor stands up abruptly, said he would put the order in & will be back. Doctor doesn't come back sends in nurse. I ask nurse if doctor is concerned about my husband's knee & pain or worker's comp. She answered BOTH!
Friday, 10/9 - MRI (b/c of communication errors & lies, which have been plentiful during this whole process, we did not see the doctor afterwards like the doctor's office supposedly told us, earliest appt. 10/19 b/c doctor on vacation until then. Nurse squeezed husband in on Monday with physician assistant.)
Monday, 10/12 - Appt. w/PA. Asked husband how he feels. Husband responds he is still in some pain and feels pressure in knee. PA said MRI shows inflammation, blood work looks good, knee looks good. PA said I am releasing you for full duty work. Husband asks about IV, in his job he uses his hands & arms a lot. PA said just be careful. Husband said the jobsite is dirty. PA said wear long sleeves. Husband asks about PT. PA said you don't need any. I summarize & ask: My husband works on job sites which are dirty, where he uses his arms/hands for tools, lifting & pulling wire, walking, going up & down stairs/ladders and it is okay to be released to full duty. PA said YES, as long as he can stand the pain & be careful!
Tuesday, 10/13 - Husband returned to work (3 days shy of 21 days) where HR manager verified w/WC that he was unable to work on the job site with an IV. Gave him an office job. (one thing I am thankful for)

WC cut husband a check for $500. Now, they say he was ineligible & we OWE them $300. I think they owe us $200 MORE from my research. 10/2 to 10/8 = $500 10/9 & 10/12=$200
(a) The date of disability is the first day the employee is unable to work a full day. If, however, the employee is paid in full for the date of injury, the date of disability shall begin the next day following the date of injury.
(1) The day or days considered lost because of disability to work shall be counted from the first seven calendar days of disability even though the days may not be consecutive.
(2) Intervening days, which are not scheduled workdays, during disability or preceding a return to work, are days of disability.
(3) Disability shall end on the day of the return to work.
(b) Entitlement to benefits for the first seven days of disability, or any part thereof, requires 21 consecutive days of disability. The employer/insurer shall pay compensation for the first seven days of disability on the 21st consecutive day.
© An injured employee who receives regular wages during disability shall not be entitled to weekly benefits for the same period.

We wanted to change doctors. We wanted a second opinion. Through my research I have found the recovery time for this surgery to be no less than 14 days up to 6 weeks. He was released after 10 days. The attitude from WC, the physicians, & HR manager, along with the lack of help/direction has been unbeiveable.

Wednesday, 10/20 - Husband called in office to speak to HR manager. She told him he needed to handle his own affairs (not me, his wife) and if he sought legal council, she (the company) could not represent him. She informed him he was not eligible for compensation during this time & it would be paid back once they determined what percentage of function has been lost in his knee.

I am at a lose! We have NO @#$%ing rights. This is the short version. So much more has happened! We have folded (no attorney) & choose NOT to rock the boat (even though what we are asking for is ONLY our RIGHTS to ensure proper medical treatment & compensation) so hopefully my husband will KEEP his job.

The hits just keep coming & coming!
Angry/Frustrated/Concerned Wife

[1171]

hopefully you are using the information from the state website
http://sbwc.georgia.gov/02/sbwc/home/0,2...2EF9D7BB28

the only dispute resolution process -outside of filing a complaint with your legislator and or the carrier/employer - is to litigate the issues before the comp court.

[hopelostinhumanity]

1171 Wrote:hopefully you are using the information from the state website
http://sbwc.georgia.gov/02/sbwc/home/0,2...2EF9D7BB28

the only dispute resolution process -outside of filing a complaint with your legislator and or the carrier/employer - is to litigate the issues before the comp court.

We requested a written explanation to WC case manager as to why he was denied compensation. Reply from WC case manager to HR manager in email addressing our request: His waiting period is: 10/2/09 to 10/8/09 Benefits due: 10/9/09 & 10/12/09

WC case manager has not contacted my husband once to address his concerns, she is going through HR manager. Is that normal? HR manager was the one to tell my husband to handle his affairs. Now that he is, still no communication.

How can WC insurance company decide waiting period started the day after surgery, not the day of/after the injury? I know the amount is small. ($700) But it is a lot to a family who has been struggling b/c of unemployement. Going 3 weeks without income has put us even further behind. WTF?

[1171]

get corroborating opinion from a physician that your husband was medically unable to work because of the injury for all the disability periods claimed.
bring the evidence to the comp court for finding on TTD payments.

[stiffnecked]

Why don't you just contact an attorney?

[hopelostinhumanity]

stiffnecked Wrote:Why don't you just contact an attorney?

My husband has a good job. It has been a good company. We just want to ensure he received the proper care & he isn't going to have any long term damage. The WC compensation would help out a great deal financially but it isn't worth losing his job over. That is where we are at.