dont know what to do

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dont know what to do

Postby help » May 14th, 2005, 12:02 pm

I have been diagnosed with degenrative disc problem with L4-5 for the past couple years. While at work I lifted a heavy object and immediately felt a sharp pop on the left lower side of my back and began having sciatic pain in my left leg. The doctor said I herniated the disc and I had surgery.. Is this a job inury or not? W/C says no because of past issues..
help
 

What To Do

Postby softhec » May 25th, 2005, 2:15 am

Following is a short summary of my personal experience with workers compensation.

December 15th, 1999 in the twentieth hour of my shift I was injured in a fork lift accident. Wal-Mart would not authorize coverage of my injury. I was forced to use over 50 hours of sick time, nine vacation days, sell over $1,200.00 of previously purchased company stock and sell family assets to cover my medical and living expenses. I eventually had to hire a lawyer to help me get the benefits that Wal-Mart should have paid. Approximately six months after the accident I was fired. Unless an injured worker can accept any opportunity for employment they are forbidden by law to file a claim with the Employment Security Commission. December of 2000 Wal-Mart ceased all workers compensation benefits. The Industrial Commission found Wal-Mart in contempt of their previous order. They also found Wal-Mart to have influenced the treating Physician, and also determined a driving distance of approximately 160 round trip miles for an office visit was not necessary. The Industrial Commission ordered that I find a Physician closer to my home and reinstated all benefits. This ruling allowed me confidence in the methods of the treating Physician while at the same time reduced my roundtrip driving distance to 84 miles.

December 2001 Wal-Mart ceased all workers compensation benefits a second time. The industrial commission found Wal-Mart to be in contempt of their previous order and reinstated all benefits.
There have been four contempt motions filed to date with the fifth contempt motion being filed soon. At present Wal-Mart owes $5,000.00 for pharmacy bills and over $3000.00 for mileage reimbursement. After learning a fifth content motion would be filed, Wal-Mart paid the treating Physician $1,824.00 for bills dating back to November 2004. Wal-Mart also paid the pharmacy, but has not paid any of the form 25t (travel reimbursement).
I have worked with Integrated Care Management and Wal-Mart in job search efforts since 2001 without any success of employment. To name a few of the job searches I received from Integrated Care Management and Wal-Mart were positions such as bus driver, cashier, desk clerk, telemarketing, security guard, automobile body work, automobile parts counter clerk, Lundy’s Packing Plant (production), M J Soffee (production), Cargill Soybean Plant (production), fast food restaurants (Burger King, Hardee’s, Sonic, Taco Bell and McDonalds. Some of these jobs were part time and most paid minimum wage. I live near Salemburg North Carolina which is approximately 30 miles from Fayetteville and Dunn. I was sent to cities as far away as Lumberton (60 miles), Elizabethtown (50 miles), Sanford (60 miles), and Tarheel (50 miles) to apply for minimum wage jobs with most being part time employment. At present I am considered unemployable. I have been disabled almost six years.
At the time of my injury my average weekly wage was $784.00 with decent benefits and an upcoming promotion to supervisor. The present monthly wage benefit from workers compensation is approximately $2,100.00, with medications and Doctor’s visits equaling approximately the same monthly amount. If a person such as me can not find any employment searching not only independently, but with the help of agencies described previously, how could a family function under SB 984? In my case Wal-Mart influenced the original treating Physician by limiting him financially if he would not treat me as they instructed. Wal-Mart would not allow me to find a Physician closer to my home instead they forced me to travel to a Physician they had sought out in Southern Pines which is 80 miles from my home. Wal-Mart pays my workers compensation benefits as they deem necessary. If not for the present laws governing workers compensation my family would have lost our home, one car, and our health insurance coverage (just to mention the most important). Although my wife and I managed to save these, it came at a cost of selling many other assets. I consider us fortunate to have been able to do this and keep our family together. If SB 984 were the present standard my children, wife and myself would be a taxpayer burden. Although business and industry must constantly find ways to cut cost and become more competitive in the marketplace the injured worker and his/her family must not be made to suffer more than they are already suffering from the work injury. A person making minimum wage, working part time and driving a combined distance of 80 miles to and from work would be forced into the welfare system. Actually SB 984 is designed to carry more of a business’s responsibility to operate in North Carolina to the individual tax payer. In short SB 984 will be a white washed tax increase. SB 984 would make it impossible for me to receive help from Wal-Mart and would abolish all hope of my opportunity to become a useful member of society again. I hope this short summary illustrates why SB 984 would be a disaster for not only injured workers but for tax payers as well.

Sincerely,

John Edge
softhec
 
Posts: 3
Joined: May 25th, 2005, 1:58 am

Postby Guest » June 29th, 2005, 11:49 pm

YOU WILL HAVE A VERY HARD TIME GETTING W\C TO COVER THIS INJURY BECASUE YOU HAD A PREEXISTING CONDITION AND DID NOT INFORM ANY OF YOUR SUPERIORS ABOUT IT. THEY COULD HAVE PLACED YOU ON LIGHT DUTY.

HOWEVER, THE INJURY DID OCCUR AT WORK AND AS LONG AS YOU CAN PROVE THERE IS A DIFFERENT INJURY THAT THE DGD, THEN YOU MIGHT HAVE A CASE FOR SOMETHING
Guest
 

Postby LMay4111 » July 27th, 2005, 11:27 am

Dear Guest
I would be very happy to assist you please contact me via private e-mail thanks LMay4111@aol.com
LMay4111
 

Postby HELP » July 27th, 2005, 5:27 pm

PLEASE CONTACT ME VIA PRIVATE E-MAIL I WILL BE VERY HAPPY TO ASSIST YOU WITH THIS INJURY THANKS LMAY4111@AOL.COM
HELP
 

Postby CMiska » September 5th, 2005, 8:20 am

Any injury wether it be pre exsisting or not if it was aggrevated at work it is a w/c issue and should be dealt with accordinaly. Please read this on the LMAY character that seems to be wanting to add advice for a price

CORPORATION FILE DETAIL REPORT


---------------------------------------
---------------------------------------
-- Entity Name LKM HEALTH & SAFETY CONSULTANTS, INC. File Number 57750723
Status DISSOLVED
Entity Type CORPORATION Type of Corp DOMESTIC BCA
Incorporation Date (Domestic) 04/01/1994 State ILLINOIS
Agent Name S BxxON BxxxACH JR Agent Change Date 09/13/1999
Agent Street Address 102 E MAIN STE 301 President Name & Address UNACCEPTABLE PAYMENT 11 10 99
Agent City URBANA Secretary Name & Address
INVOLUNTARY DISSOLUTION 02 18 00
Agent Zip 61801-0000 Duration Date PERPETUAL
Annual Report Filing Date 09/13/1999 For Year 1999

She was followed closely on another WC forum and found to be not what she lives up to.

As far as you injury if WC is denying it get the denial letter and file for a request for hearing with your local labor commission dept and find a bona fide lawyer in your state. Remember advice is free and shouldnt be charged for
CMiska
 

don't know what to do either any advice

Postby bunziebabe18 » September 13th, 2005, 8:43 pm

:oops: So if you are so interested in some of the things that are wrong with the State and its issues then how about start with this.
I have worked for the "State of Oregon" for 12 years now and I am faced with no unemployment, no disability, no medical and I can not hardly work.....the Dr. says that I can only hold down light sedentary work.
Three and one half years ago I developed upper extremity pain and fatigue in both of my arms, wrists and hands. I was then diagnosed with Bilateral Carpal Tunnel. So I filed a Workman's Compensation claim for some help with my medical to be able to have my injuries fixed and enable me to get back to work, pain free.
The Dr. that did the surgery did not want to hassle filing a 801 because I had my own medical insurance plan. He said he would prefer just to bill my insurance company instead. Being in extreme pain I relented and agreed to have the surgery. I signed up for my FMLA/OFLA and in July 2001 I had surgery on my left elbow to to fix the entrapped nerve, and Carpal Tunnel release surgery on my left hand. Then in August 2001, I had carpal tunnel release surgery on my right hand.
In November 2001, my FMLA/OFLA was exhausted and I was forced by medical and financial reasons to return to work. My supervisors had replaced my job and position. One of which had not a lot of heavy typing. But instead they had me sit at the telephone for 8 hours a day and answer the phone and constantly look up clients information. Then write phone messages to the workers when their voicemail was full. I was only able to work full time for two weeks. This was extremely stressful and I have osteoarthritis of both of my knees so sitting at the desk for 8 hrs I could not hardly walk after my day and constantly looking up clients information and entering data was not allowing my wrists to recover. In December 2001 My Doctor reduced my work hours to 4 hours per day. This was much better. I continued working in January 2002 for 4 hours per day. Then the first of February 2002 , my operations manager said that if I did not start working more hours a day my job could be in jeopardy. So February 2002 fearing the loss of my job I started working 5 and 6 hours per day. The duties that the operations managers made me do then was constant data entry for the food stamp workers ......so for 6 hrs a day that is what I did. The 3rd week of Feb 2002 My doctor put me on 6 weeks of workman's compensation paid time loss and filed a new claim for medial epicondiylitis (painful and inflamed left elbow.) Then on April 3, 2002, per workman's compensation the Dr. said that I was stationary and would not get any better and I either had to go back to work or lose my job....I do not understand this. Not well enough to work but, If I did not return then I would be fired.
My operations managers then said that I had to come back to work full time too. So I did. I have been in pain every day since that time.......In July 2002 I had exhausted all of my sick leave again and missed some other days. My operations manager's then gave me a letter of expectation to make it to work each and every day and not to use anymore (x) time or I would be terminated. So I struggled until December 2002 when I underwent the second Carpal Tunnel Release on my right wrist....this time by a different hand surgeon ....he too did not want to hassle the legal paper work that is involved and he said we cannot prove it is work related. The bottom line again .........my medical insurance could be utilized. Ha Ha us state employees have good medical ....according to whom I would like to know...........we have lousy health benefits..........still have to pay $25.00 per prescription. I have 5 prescriptions to buy each month.....Every time I go to the dr. it is $15.00 then they refer me to physical therapy for the grand total of $ 50.00 per visit because our coverage is not good. So once again I underwent my second carpal tunnel release surgery.
I returned to work in Feb of 2003 to full time receptionist where I am constantly looking up client information and entering information into the on line narratives. Constantly grasping a pen to write in the intake logs and messages to workers ...........8 hours per day on the average approximately 10,000 key strokes per day. Alternating with repetitive hand writing.
In June 2003 my dr gave me a prescription to have my desk ergonomically assessed. This finally was completed in September 2003. In October those same painful feeling in my left hand and wrist and left elbow started to occur again. After work every night I go home and use the ice bag and the heating pad to eleviate the swelling and pain in my left hand and arm. This is what I do to continue to work at a work place that I actually love...... I believe in the whole process of TANF Temporary Assistance for Needy families.....As you see I was a client that became employed with the state and then became self sufficient for 12 yrs anyway...
In July of 2003 I had my Workman's Compensation hearing and the IME Mark Kirshner's report stated that the reason for my carpal tunnel was due to my morbid obesity. ( morbid obesity is explained as being at least 100 lbs over weight........of which I do NOT fall into that catagory. I have no diabetes, thyroid or other issues that seem to cause carpal tunnel. I lost my case. I have in excess of $15,000 medical bills, have no more FMLA/OFLA, no sick time. I am exhausted and get more tired each day..........
In November 2003 once again I was diagnosed with carpal tunnel of both wrists bilaterally and I need to have my ulnar nerve unentraped again.....my hands hurt constantly and elbow is in pain most of the time except when my whole left arm is numb. I also now have medial and lateral epicondylitis, a right torn rotator cuff, and trigger points in my
upper trapezius muscles both left and right side.

UPDATE as of 12-13-03..............The Carpal tunnel in my right hand and left hand IS BACK NOW..........The hand surgeon said that he can not operate on the right one again............permanent nerve damage.......he said he can operate on the left one again and on the left ulnar nerve again.......so I am looking at two more surgeries................
But, No time, no money no nothing.....
When I went to my workmans compensation hearing and the State of Oregon's Independent Medical Evaluator have said such unreasonable things about me and this injury. Then he also got his other IME buddies to back him up. I do not know where to turn.
I do have a Dr. Who is an Osteopathic Physician as well as a
Physiatrist. (nerves, muscles and tendons) that said this is all an
upper limb-extremity occupational work related hazard/injury. What am I
supposed to do.....How can I win....I have used up all of my sick leave,
vacation, disability and friends and families money. I feel so used
up.....I love my job and I also love helping the clients that we
serve......13 yrs ago I was on welfare and I utilized the things that
were available to me to help me get ahead and now the 12 yrs I have
worked for the state I am nothing and nobody.........please help with
the any help or advice... I have thought of going on short term disabililty and then long term disability but the cost of my health coverage would cost me over $500.00 per month plus my co pays. I would not be able to pay my rent and utilities in order to just exist.... Help me please
It has taken me a long while to put this all together. I feel it
may help someone at sometime, maybe even me. This article is being put
on paper for many reasons.
First, the memory fades and so do the times and details. Next, these are the steps, feelings, struggles and turmoil that you may face, if you follow the high road to get your version heard. Administrative Law is regulated by whom is doing the speaking and how who is interpreting the law at that time. These are a few of the hurdles, roadblocks and stepping stones that you may face when undertaking the painstaking ordeal of entering the world of Medical Health Plan providers, Health care professionals, State Agency, and the Workman's Compensation Board.
To start with, for 12 years, I have been doing either filing, writing
phone messages, entering handwritten narratives or entering data into
the computer or narrating into a word-perfect file on the computer.
After the online narrating was implemented, which is an on line database
narration.
To begin I have been employed by my employer since November 1990. My first job with them was as a file clerk. My job duties were to organize and keep the entire branches hard case files alphabetized, organized, purged and archived. This required placing them on the shelf and pulling some to purge the case record, and either put them back on the shelf or box them up to go to Salem, Oregon. For the Archives Record Department. I was in charge of carrying the case records to and from the caseworkers. I did this chore all day and every day for the first year I was employed with them. I carried case records to and from the file room to the workers. I typed new case record labels and then filing them away on the shelf. Answering the telephones, looking up client information on the computer CRT, taking hand written phone call messages to their worker, and for the managers. I did this all day and every day for one year.
My next position I was the ID clerk, my duties were answering the
telephones again, taking phone messages, doing the incoming and outgoing
mail into the branch. Open the envelopes and date stamping all of the
mail. Placing the mail into the workers, mail boxes. Filing case
records, place loose filing into the case records for the case workers.
Ordering supplies and forms then receiving them and putting them away
into their respective shelves. I assisted the file clerk with her duties
in the file room also purging and filling the boxes for the archives
again. I then loaded up the boxes of files. As the ID Clerk I had to
look up on the computer every application and update all pertinent
information by entering the date into the computer. I did this for
another year.
I then transferred to another position and was the unit
clerk/secretary. Here again I took phone messages by hand and filing the
workers mail into their mail boxes, alphabetized their mail and loose
filing for the case records then drop filing them into the clients cases
records inside the file cabinets. I reviewed the redetermination papers
for the clients and updated the case on the computer. I did this 8 months.
I then transferred to JOB'S Unit, as the Unit clerk/database operator,
where the amount of data entry was for eight hours per day. This was
entering times and dates into the database for the client's attendance
in JOB'S program. Keep hand written logs of intakes and job meetings. I
did intakes for the teen parent caseworkers for the new applications for
PLM (Poverty Level Medical) did the intake, set up the medical case and
food stamps and do the issuance of benefits. I did this for two
years.
I was then promoted to be a case worker. I secretly chuckled to myself
. . . saying ah hah no more loose filing for the case workers. I then
was one of them. But, by then the agency had decided that the case
workers must enter all incoming mail received into the online narrative
on the computer. So now all case workers had to do their own loose
filing. Just my luck. Now the intense stuff started. I did six to seven
cash and food stamps and Oregon health plan intakes per day, five days
per week. Hand written narratives pertaining to the case. Then shortly
after that the shortened hand written narratives became work intensive.
An entire page of information pertaining to the case, in word-perfect
templates now. Then all of the data entry into the computer to set up
the case and issue the benefits. Each intake took approximately 45
minutes to an hour to complete. Take each phone call as they called,
enter all information from the client regarding their case into the
narratives. Log all phone calls received and then make return calls to
the clients then narrate all information. At this time my caseload was
for 250 ongoing cases/clients. I was also the branch's LAN
Administrator, for the Local Area Network. As the LAE I needed to set up
all new computers and basic installation for the workers with the new
software and add new memory. I had to physically move and setup all the
computers in each workers work space. CPU'S are not light or easy to
move around. A very physical challenge. This also required me to move
the new monitors as well. This also meant I had to keep all of the
computers in the branch working and make all repairs or call the
technicians to repair what I could not do. In addition to my cases and
my caseworkers' duties. It never seemed that I never got done what I
needed to get done in my 8-hour day. I did this job for five years. A
lot of times overtime was allowed and that was the only way that I could
complete my all of my job duties. I did love my job and I still do enjoy
the job. There is nothing more rewarding then to be able to assess a
client's skill, strengths and their needs. Put together a plan to assist
them in removing their barriers to employment. Then the thrills of
seeing my clients become stable and self sufficient. Not to need the
services or assistance any longer
For a period of one year I went out of the office to a drug/alcohol
treatment center to do my intakes. At first I had to hand write all of
the narratives and then go back to the branch with all of the intake
files and paperwork then enter all the information into the narratives
online and enter all of the data entry and do the issuance of benefits.
Then working with my manager, we got a laptop computer which I got to
carry back and forth to the treatment center.
The paperwork got so intense and the stress and physical inability to
continue carrying all of these items back and forth back and forth from
the branch and the treatment center. I worked with my manager again that
I needed to work more with the clients again. Not to just determine
eligibility and issue benefits. I took a voluntary demotion to a low
level caseworker. I still did intakes and narratives. Assess strengths,
skills and needs of the clients narrate this and enter data into the
computer. Then passed the case to the case manager then to work with the
clients more. Then once again management decided to change my position
to a clerk typist/data entry clerk. I then was in charge of typing
checks for medical transportation clients. Keep hand written logs of bus
tickets, checks issued, electronic benefit cards. These were to be
reconciled daily and I had to lock them up every time I got into the
file cabinet. I did this for eight months.
I transferred to another branch to get to be able to work with the
clients again. Assessing their strengths, skills and needs and then
enter narratives and do the data entry for the case and pass the client
and the case onto the case manager. I also work at the reception desk
and this is a very stressful position. Clients are not happy when they
do not get to talk to their case workers or get the benefits that they
think they need instead of what they are entitled to. I have to look up
on the computer for each client. Then enter information regarding their
being there or reason for coming to the office. Enter information on
application. Put applications together, date stamp all mail entering the
front desk, Keep hand written logs of clients and appointments. Take
messages to the workers and managers. I am still employed in this
capacity.
bunziebabe18
 

Help for you

Postby assistance for you » September 23rd, 2005, 4:58 pm

I am a nationwide expert who is willing to assist anyone who would like to contact me here is a link to my website in addition you may contact me via private e-mail I work nationwide and have over 30 plus years of experience http://hometown.aol.com/lmay4111/myhomepage/index.html
You can also call me at 217/390-4299 24 hr day /7days a week
If you are injured hurt exposed to haz Mat situations please don't hesitate to call me to discuss your issues with total confidentialty
Linda K. May BS,RN,BSN OSHA Institute Ins. NREMT Nationwide Court Expert
assistance for you
 

Postby Gmack » February 25th, 2006, 1:34 pm

Whether your back surgery was work related or not is based on medical evidence and ultimately the work comp board. If you have a report from your doctor substantiating the connection between your back problems and work then you should appeal the denial to the work comp sourt. Aggravations are considered new injuries and if it's related or caused by the job then they are obligated to return you to pre-injury status.
Gmack
 


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