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Need some help and advise !!! Illinois

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  • Need some help and advise !!! Illinois

    [SIZE=5]I am a 36 yr old male that has had 2 back surgeries. The first surgery was in March 2005 and the second was in July of 2006. This last surgery I had was a 2 level fusion (L4-L5-S1). I am having allot of problems and I am not able to sleep in my bed and since my surgery of this past July I am only able to sleep in a recliner. My Doctor has written me a prescription to get a tempur-pedic bed so I am able to heal and to get a total nights rest. He feels that allot of the problems I am experiencing is due to not getting the proper sleep and not letting my body rest comfortably. The company is refusing to buy this bed and my lawyer took them to court over this issue. The Judge hearing the case said that he has never heard of a judge or a case that has forced a company to buy a special bed for a person. The company paid a doctor off to type up a letter that states if I need a bed that bad that the company can rent me a hospital bed for the time being. Any person knows that has been in a hospital for a long period of time such as myself knows that they are the most uncomfortable beds. The company is just looking at ways to make me suffer and avoid taking responsibility of the injury that they cased to me. Now it gets complicated what I am asking for and I am not sure if you can even help me but any suggestions would be helpful. I tested the Celebrity tempur-pedic bed and that is what I want with duel controls. It isn't fair to my wife of 17 years to sleep the way I have to. That is why I am asking for duel controls. Since I have gone thru all these surgeries itís been a battle with the company to get anything from them. Now when my Doctor ordered me an electric stimulator thru a certain health care company they took all my lawyers information and of course sent the bill to the company witch they denied paying. Now we all know in the end they are going to pay for it. They choose to turn it down because they can but when the case gets settled they will have to pay for it. My question is I am looking for a supplier that sells the tempur-pedic Celebrity beds that will except my Doctors prescription and bill the company to pay for it. I must go this route because the company will not just hand me that kind of money. This case is a huge Work Comp Case and we are trying to figure out ways to go around the company prolonging getting me comfortable and healthy. I cannot continue to sleep in a recliner the rest of my life. The laws now days protect these big companies that have allot of money to pay doctors off to say anything they want and continue to kick the people who are hurt. My Doctor has prescribed that bed because he has that exact same bed that I want and says what a difference it has made to him especially when he is on call and doesn't get allot of sleep. He tells patients like me that are having sleeping problems that what little sleep he gets at least he knows he is getting good rest for the time he is in his bed instead of the constant tossing and turning. I need some help because I cannot afford to pay that kind of money out of my pocket when the company continues to cut my workman's comp paychecks off from time to time for the fun of it. There has to be a health supplier that sells the tempur-pedic beds that we can order it from and bill the company. I am convinced if I am going to improve and be able to get better so that I can hopefully return to work whether it be with my employer now or whether it be a job that they would have to find for me with the condition that I am in, I must be able to get proper rest. I cannot understand why a company who hurt one of their employees would not want to invest this kind of money to get that employee back to work let alone back to better health. I know that when we have ordered braces, electric stimulators, walkers, canes, etc, that they make me fill out all this paperwork so that when we settle that they will receive the money. Both me and my attorney have no problems with this at all, we just need to find out some contacts that can help us out in this situation. Again I thank you in advice for your help. Perhaps you may know some type of plan or have heard of ways we can go about this. Maybe someone has had a similar problem and can help us out with this matter.

  • #2
    Honey, I don't think there is a way around this, the only option may be for you to buy the bed, and include the cost in the lawsuit, but it sounds like the judge is stateing that it may not be billed to the insurance, or he would have ordered it at the time. It is not, unfortunately, the worries of the insurance company, on how your wife is effected by this. It sucks, but true. I would call a dealer, and see if you can get a payment plan that fits your budget. I don't know the legal details on this, so please wait for further assistance! Good luck to you!!

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    • #3
      Re Re

      I totally agree with what youíre saying. First this is why I am not pushing the judge because when he said he had never heard of a case that has asked for a bed didnít mean he said no. I donít want to push the judge to say no either. That is why I am looking to go around and look for health care providers so then when the end comes and all the bills have to be paid like the braces and electric simulators etc then they can hash it out at that point. On my gut feeling of this matter I think if we use a little more tack about going about this issue I think in the end the company will have pissed the judge off enough that he will go against them on many issues. Basically the judge is getting frustrated with both lawyers because they cannot seem to get anything accomplished between themselves with out the judge getting involved. This is the company tactic to get the judge irritated. The company lawyers have nothing to loose if they piss off the judge and we have everything to loose. The lawyer I have working on my case is very smooth. He continues to document all empty promises that they try to work out that they never come thru with. His plan is to let the company hang themselves, which I do agree with but in the meantime itís hard to keep cool when they keep squeezing me or starving me out. He isnít one to get the judge excited. I am the opposite of the lawyer and I want to snap at the company and that is what the company wants me to do to make myself look bad. This is why I am searching for ideas from different people that have different minds and Ideas. I am not afraid of the truth, but I do however want justice. I do think they should be forced to buy the special bed for me since they were the ones that hurt my back and put me into this situation in the first place. Again I cannot stress this enough that I cannot sleep in a recliner the rest of my life. Not only for my health but I cannot maintain a healthy marriage with my wife sleeping in a recliner for the rest of my life either. My wife has been very patient and understanding but there comes a time when that will get old and this kind of stuff leads to divorces, something that I would not wish upon anyone. As far as why I asked for a separate control bed was respect of my wife. If that was an issue I would settle for the company to just buy the bed and no controls. I have given the company options so they donít feel like they are losing. They are playing the David and goliath story in todayís world. The company is taking the stance that they know this is a no win situation so they tend to gamble and test their luck. I am way too young not to be able to ever work again and that is why I am so adamit about them providing me with what ever I need to get back to work, its real simple. When I worked there I was a good worker but allot has to do with me. When I was there at work I was the chief union steward. Many guys at work are hurt but will not come forward to report it because they see what the company has done to me and are afraid it would be the same with them. Again the company not only is screwing me but they are scaring people that are really hurt but afraid to report. Exactly what the company wants. In the past as a steward I have learned that you must first do all your homework and second be one step ahead of the company. Right now I am doing my homework to be able to but me 2 steps ahead of the beast or shall I refer to the company as the bully!!!

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      • #4
        Do you carry any other kind of insurance? I wonder if WC refuses to pay, and your insurance co. covers something like that, if you can get a company that sells the beds, to bill your private insurance, and see what happens?

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        • #5
          Re Re

          No I do not have any healthcare right now for me or my family. Under our union contract the company only keeps paying into my pension and my health care for 1 year from the date of injury. I was injured the 14th of December 2004. This is why the company strings these things out so they can scare people into coming back hurt or not. They know what they are doing and this is just one of many tacktics they play with employees, even thou in these last 2 years I have had 2 major surgeries. Hell they arnt even paying my medical bills for the surgeries yet. So that Idea is out. I sure appreicate the imput and if someone else out there knows how we can get this done let me know. The more heads we put together the greater chance there is to beat the beast !!!

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          • #6
            Can you file for temporary disability since you have exhausted your available WC for now? Social Security?

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            • #7
              Re Re

              I already did that one year ago. I was turned down twice so far and I am in the process of waiting for a hearing. The sad or shall I say the bad thing about this is there is a 19 month wait because they are backed up so far because of all the state cuts. The problem is when these adjusters call you for a phone interview your automatically denied cause thats how they play the system, thereforth then it gets kicked to a judge and that is why he is so back up. If only the people that do the phone interview would do their job and quit playing games alot of this could be taken care of thru them but instead its real easy for them to deny you then their job is done and the person who really needs the help has to wait for a hearing and that is why there is such a long waiting period. I have done alot of homework on this and have even gone as far as contacting my state and local representives for some extra help. Unless I am homeless and have all my utilities shut off they will not move my trial date up. Check this out even if I was homeless and had forcloser notices on my house and all utilities were being shut off they would only move it up maybe to be a 4 -5 month wait so even when you hit rock bottom they still wont hear stuff right away. This whole goverment **** pisses me off cause when they want to be elected they sure know my number but when I need help its a complete run around that I get. Great idea thou but as you can see I have been doing alot of my homework even before getting on this site. Keep thinking I know we can figure out some type of way to get this done.......I am positive about this. Thanks again in advance for all your imput so far and me and my family sure appreciate it alot.

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              • #8
                Tee Hee, they have a bed on ebay for 1,900.00 including shipping. Have you tried to speak with someone from Senior and Disabled Services? They may have some ideas too.

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