Urgent

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Urgent

Postby pls065 » March 24th, 2007, 7:18 am

I have carpal tunnel, cubital tunnel and tendonits in left arm and carpal tunnel in right wrist. My doctor released me to go back to work on light duty. The insurance company is making me sign this paper with the job duties etc. I have told my docto that any time I use my hands I am in pain. I go to a new doctor next week because this doctor is an idiot and doesn't seem to know what he is doing. I could see if they stablized the injury and then sent me back to light duty but nothing has been done. My claim has not been approved yet they have until the 14th of April. My question is do I have to sign this paper? I do not want to have to risk further injury nor do I want to have to work in pain.
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Postby pls065 » March 24th, 2007, 7:25 am

I live in Oregon
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Signing insurance company document

Postby Webmaster » March 25th, 2007, 12:02 pm

It's an attending physician who legally determines work-related limitations. I'm assuming the last doctor came up with this or signed on to the insurer's opinion. Insurers have been known to initiate these things.

Do not sign the document. If this new doctor is any good, he'll disagree with the opinion. Just be prepared for your old doctor to be a witness against you in the future. In other words, don't trust him. Without telling him why you're doing it, try to get a copy of his records on you to assure things aren't changed in the future.

Call the Ombudsman for Injured Workers at 800-927-1271. They may not be able to straighten this out but it's vital you get them to document the insurer's actions since it creates an important "official" record. Be persistant that they document the incident in detail including the insurer's response! He-said, she-said usually works in favor of insurers which is why you want third-party evidence of what occured.

It appears the insurer is out to shaft you so every time they appear to do something wrong get it in your claim records by contacting the Ombudsman. Also, keep a personal log of every single thing that happens in your claim. This is important because memories fade and this could go on for years.

Documenting patterns of insurer misbehavior could easily decide, in the long run, how well your claim turns out.

It sounds like you may qualify for Social Security Disability. Although it's now common for the feds to reject the first attempt or two, most people who appeal rejections eventually win and the feds must retroactively pay from the time the claim was filed.

As far as WC, it sounds like you badly need an attorney. Use our advice on the home page to find a decent one. You should use a different attorney (a specialist) to file for Social Security benefits.

Good luck!
Last edited by Webmaster on March 25th, 2007, 12:22 pm, edited 5 times in total.
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Do not violate limitations

Postby Webmaster » March 25th, 2007, 12:10 pm

Many injured have been burned on these work limitations. When they return to work, the employer pressures them to exceed them. After workers do, the employer and insurer then use that as a pretext to rid themselves of any legal and financial responsibility for the current injury, including existing bills.

The employer then waits a few months and fires the worker.
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Postby pls065 » March 25th, 2007, 1:29 pm

thanks for replying. Now another question do I have to return to work? My new doctor appt is on thursday they are requiring me to go back tommorrow on Monday
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Return to work

Postby Webmaster » March 25th, 2007, 5:07 pm

I am not allowed to give legal advice so this is not that.

I would say Yes because of what your doctor did. The problem is that when you arrive they'll probably want you to sign the document and under no circumstance should you do that because the insurer will use it against you to say there's nothing wrong with you.

Do you have sick days or similar that you can use? If so, try that. If so, simply tell them the truth that you're in pain.

Also, try to talk to an Oregon workers' comp. attorney. You may get lucky and find one at work today.

Sorry, we have a policy against suggesting an attorney. Because of laws that greatly limit their income, they simply can't devote the time to best represent the injured.
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Push up doctor's appointment

Postby Webmaster » March 25th, 2007, 5:12 pm

Try to get an earlier doctor's appointment. Also, if you have to go to work and experience pain, make sure to immediately tell your employer and then immediately see a doctor, even if that means going to an emergency room.
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Postby pls065 » March 25th, 2007, 8:55 pm

ok thanks for replying appreciate it
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