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  • Workers Comp question(s) by bob304

    I've heard a workers CoMP IME doc there recently died from cancer and was possibly impaired when he did hundreds of Sedgwick IME's Certainly someone will start a class action suit.
    Anyone here with a PTD - who has recently settled? We've heard they have settled over 2,000 claims this year but can't find anyone who is settled. I am sorry about your problem 6% seems very low even w/o the neck
    --------------------------------------------------------------------------------

    I was hurt on the job back in January. I injured my back and neck lifting a large patient.

    It happened over the holidays initially, but when I called to report it to my job, they said there was no one else to work. SO, over the week, I was constantly re-injured until I had no choice but to do something about it. I had even verbally reported the incident at the office between Xmas and New Years. They didn't even give me the form to report an injury, they said they would have to get one for me later but never did.

    I called work and when she said I had to go, I said the only place I'm going is the ER and I did.

    I was treated by an ER doctor for my back pain because at that moment, it was what was causing me so much pain. I did not mention my neck at that time.

    Within two days, I saw a chiropractor (no one else would see me) and when I filled out the forms I marked and "X" on my neck as well as 2 places on my back when I filled out the initial forms. I only mentioned my back pain on the report because at this point, it was still the main source. It was so bad I could barely function even to drive there or fill out the forms.

    This doctor treated my back and my neck during two appointments, but he did not make any notations about my neck. (I just found this out.) I don't know why, but I know his notations are not very detailed.

    I have never returned to work to that job. They treated me very bad after having the injury and said all they had was 12 hour shifts for me. I couldn't do 12 hours at that point.

    I changed jobs to one where I didn't have to lift at all for a few months. Then when I started contracting through the state to work for better pay, I had to take a client that involves lifting. This was in June. My neck and back now hurts me on a daily basis. I went to another doctor to be treated.

    Brickstreet, (WV Worker's Comp) sent me to an independent MD for an exam. He would not even look at my neck. He said it was not in the report. The claim was only for my back. Then I received a letter saying I have a 6% partial permanent disability.

    I went back to the chiropractor to get a copy of the form where I marked my neck and a copy of his notes, no mention of treating the neck. His office says they will give me a letter with this information stating that he did treat my neck.

    Part of the problem is that I had a sore throat and shoulder problem in the past (in my medical records and testing) and they are trying to say my neck was pre-existing. But, it wasn't. I never had THIS kind of problem before this.

    Yesterday, I got a letter from Brickstreet saying they want to settle the claim. (for my back only, of course) They want to give me $3700. I am confused. What is this for?

    If it's to pay for my disability, like auto insurance pays for a wrecked car, this doesn't seem right. I am 34 and have many years of hard work ahead of me. Is $3700 what they think this injury will cost me in wages? I am having to modify my whole life. Not just work. I have taken on other clients that involve no lifting, but also provide me with less hours because I can't keep lifting.

    I am not sure what I am supposed to do. I really don't want to get a lawyer, but I'm afraid not to. Does settling the claim end medical payments for treatment? Will I never be able to get my neck treated by them?

    I know there is an appeals process, but they are so difficult to deal with. I mean, they still deny I was off work for more than 4 days even though I have the written proof and they have never even compensated my wages.

    I feel like they think I am trying to fraud them. I have never had a work related injury before. I just want them to treat the problems. Isn't that what worker's comp is for? Or are they really just insurance who wants to get rid of me as a liability? That's how it feels to me.

    I am just very confused, frustrated and don't know where to take it from here. I used to be a very strong person. I have altered my whole life because of this injury. I don't want millions, just real acknowledgement and treatment.

    Any ideas on what I should do?[/QUOTE]

  • #2
    Did you happen to notice that the OP of this thread has not been back in four years?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      I return every week - Where is everyoe?

      Still fighting with Sedgwick who wants me to settle for
      my monthly benefit for less than 9 years - and even then not in a total payment.
      Does anyone know about settlement.
      I refused but have been fearful ever since
      they will find a way to eliminate my monthly benefits.

      Comment


      • #4
        That's fine but you are not the OP of this thread. You might want to start your own thread if you are looking for assistance. It's confusing for the responders to have more than one person asking questions in the same thread.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          bob304, I'll start a new thread for you starting with you 12-2010 post. You
          should always start your own new thread with your question(s) & not
          add them to another poster's old thread.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Originally posted by bob304 View Post
            Still fighting with Sedgwick who wants me to settle for
            my monthly benefit for less than 9 years - and even then not in a total payment.
            Does anyone know about settlement.
            I refused but have been fearful ever since
            they will find a way to eliminate my monthly benefits.
            Your ER/Sedgewick wants to close the file. They are offering you a C&R, which is "new money" for your consideration to drop the claim.
            While the calculation may be based on remaining PD indemnity you are due, there may be a significant discount taken for paying early. You wouldn't receive the full amount due.

            Keep in mind too... when you C&R a claim, you are also agreeing to accept liability for any further medical care you may require to this injury. Out of your pocket with that cash payment.

            You cannot be forced to take a cash payment... and there is little to no way your weekly benefits can be changed or stopped once you have an award from the court.

            Comment


            • #7
              CAIW, I'm so glad you came along & helped this poster.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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