Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Causal Relationship re: Workman's Comp. New York

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Causal Relationship re: Workman's Comp. New York

    I am awaiting a deposition hearing for a WCB claim (January 4th, after 4 years) regarding Chronic Fatigue and Fibromyalgia as being causally related to the work that I did prior to being "taken off the payroll due to illness". My file contains statements from my endocrinologist, my therapist, the specialist for CFIDS & FM, amongst an SSD determination of being permanently totally disabled and human rights documents amongst other information. My concern, to put it mildly, is that I honestly do not believe that I have had the proper supports in going through this process. I have submitted and researched a great percentage of the information, letters and documents while being told that cases based upon stress are difficult to establish. I can appreciate that as I am sure that it is difficult to show the correlation of the work environment, the responsibilities and how they aggrevated, precipitated, exacerbated....the illnesses/diseases/disabilities. What I can't appreciate is the lack of knowledge and understanding. If I am cited the McKinley Act one more time or informed that my illnesses are primarily psychological I will scream; they are primarily medical with secondary psychological issues due the deterioration of my universal health and well being. It is extremely frustrating to say the least. I am also being told that my primary doctor didn't give a strong deposition so I will probably lose; my doctor told me that they asked him questions regarding years before I went to him. The not-for-profit agency that I worked 10+ years for, which ironically offers support services for individuals with disabilities, and their insurer offered a settlement that was an absolute slap in the face. The testimonies that were given by my ex-supervisor (who is no longer in the position as she couldn't tolerate being on call due to her disability) and a colleague that I was involved with minimally were the exact opposite of what they had stated to the Human Rights Commission as to why they had to release me from my positions (the disparities are in black and white). I held 3 positions, 2 alone, and was on call 24/7 with no substitution or relief and there was no similar position in the entire County and outlying areas and was in line for 1 to 2 more programs. I did not have the resources available for support. Yes I know that outside stressors impact your health, yet the work that I did and the hostile environment that I endured far outwayed what I endured in my personal life. I do believe that the work I did was above and beyond reason, the board of appeals judges agreed. Why is that there is no true advocacy in any respect? Why are the agencies allowed to manipulate information and lie without any recourse (I was told that "everyone lies", I haven't and won't, that is not who I am)?! Should there not be lawyers who are well versed in this or does the cattle mentality have to remain? Why are the agencies insurance carriers lawyers allowed to do whatever they choose without an explanation or recrimination (i.e. delaying the deposition hearing to get testimonies of my endocrinologist, the CFIDS/FM specialist and my primary care doctor only to cancel the first two without any reason, yet they keep contacting their offices to see what has come in, bringing in personal information that has no bearing on the case, offering documents that have been altered, not remitting documents asked for, and knowingly abetting false testimonies) I would appreciate any feedback. Thanks.

  • #2
    I'm not sure what your question. As someone who has a chronic myofascial pain syndrome, which many doctors believe is related to fibromyalgia, I will say that both diseases are widely misunderstood -- even by medical professionals. What you are experiencing from your doctors is not unusual for FM patients.

    Good luck!
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      round about

      Hi,

      I am sorry, I go about things the long way. I am wondering where I can find out more information regarding workman's compensation and chronic fatigue and fm, such as case laws. It has been unbelieveable as I am meeting the criteria yet I seem to be the only one who sees it or rather knows the information, they don't hear and/or read everything. Is there a precedent set somewhere? Isn't falsifying statements fraud? Thank you so very much! I hope this makes some sense.

      Comment


      • #4
        To be honest I'm not sure you really have a question. It comes across as more of a vent about the current judicial system. Whether we agree or not, it is the system that is in place.

        You have a multitude of issues most of which can not really be addressed without far more detail than is possible via onlne bulletin board. If you are not working with a lawyer I'd highly suggest getting one. If you are, then I'd suggest having this conversation with them.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          You can find more on cases here http://www.tifaq.org/information/arc...rt_on_ctd.html
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            Originally posted by Stellap View Post
            Hi,

            I am sorry, I go about things the long way. I am wondering where I can find out more information regarding workman's compensation and chronic fatigue and fm, such as case laws. It has been unbelieveable as I am meeting the criteria yet I seem to be the only one who sees it or rather knows the information, they don't hear and/or read everything. Is there a precedent set somewhere? Isn't falsifying statements fraud? Thank you so very much! I hope this makes some sense.
            Since there is no known cause for CFS, I do not see how you can prove that it was caused by your work environment. Since it is a viral, it most likely has not been caused by your work.

            Not many people are familliar with it. I have it, and have been trying to research out a cause.

            Your best chance of controling this is diet. Try a natural diet without ANY fried foods or sodas. That has helped ease my symptoms somewhat.

            Comment


            • #7
              cfids

              GotSmart,

              Thank you for your reply, I appreciate it. ")
              In regard to : "Since there is no known cause for CFS, I do not see how you can prove that it was caused by your work environment. Since it is a viral, it most likely has not been caused by your work."

              I agree that at the present there are only theoretical causes for Chronic Fatigue and Fibromyalgia, one of which is viral. The workman's compensation is based upon causal relationship which looks at whether there are environmental factors that impact the illness/disease/disability through criteria such as aggrevation, precipitation, exacerbation of the symptoms; even when a condition may be thought to be pre-existing. My job reponsibilities were above and beyond reasonable for any one person. I did not have the resources nor support systems to alleviate the overload of work. I was the only person in the County offering those services. The dysfunctional environment in conjunction with the excessive demands of the program, being on call 24/7 and the lack of relief from stressors slowly developed into the illnesses (my onset was gradual as my health continue to deteriorate). The case is being established based upon occupational diseases.


              "where an employee is exposed to work conditions which aggravate or cause a progressive occupational disease, and the existence of such disease remains undisclosed and unknown over a period of time, and it is impossible upon ultimate revelation of its existence by medical examination, work incapacity, or manifest loss of physical function to pinpoint, in retrospect, the triggering date of such activation or inception," then the last employer or carrier during whose employment or coverage the disease was disclosed was held to be liable"

              sorry for the run on

              Comment


              • #8
                Thank you for the responses. Sadly I do have a lawyer, who is trying, he really is, yet not only he but the insurance carriers lawyers and the judge now do not seem to be and/or choose to be aware of the illnesses entail (referencing my disabilities as being based primarily upon mental health components when medical is the primary focus), nor what my job entailed even though it has been given to them verbally and written. One of my questions and concerns is who do you turn to when there are legal resources are limited, either for lack of motivation, interest and/or knowledge?

                Comment


                • #9
                  What would you do?

                  Interesting laws. What next!

                  What would you do if there was a cure for CFS?

                  Would you be willing to spend about $20 and try something that is a little crazy sounding? Read the link, and give it a shot. You have everything to gain, and the cost is less than you might spend for lunch.

                  http://newswithviews.com/Ciola/greg1.htm

                  This is definately worth trying. The cost is much less than a doctors visit. It seems to be working on me. I just have to pee a lot!

                  The Water Cure Recipe
                  Drink 1/2 your body weight of water in ounces, daily. Example: 180 lb = 90 oz. of water daily. Divide that into 8 or 10 oz. glasses and that's how many glasses you will need to drink, daily. Use 1/4 tsp. of unprocessed sea salt for every quart of water you drink. Use sea salt liberally with food. As long as you drink the water, you can use the salt. Use only unprocessed sea salt. Avoid table salt. It only has three minerals in it. While the best sea salts contain all minerals, you should eat a banana or two a day for potassium and take some magnesium, calcium and zinc to maximize your immune system. Avoid caffeinated or alcoholic drinks. These are diuretics and will dehydrate you. Every 6 oz. of caffeine or alcohol requires an additional 10 to 12 oz. of water to re-hydrate you.

                  Materials needed

                  Sea Salt

                  Bananas

                  Magnesium supplement

                  Calcium Supplement

                  Zink Supplement

                  Let me know in a week if you are feeling better.

                  Comment


                  • #10
                    Originally posted by Stellap View Post
                    Thank you for the responses. Sadly I do have a lawyer, who is trying, he really is, yet not only he but the insurance carriers lawyers and the judge now do not seem to be and/or choose to be aware of the illnesses entail (referencing my disabilities as being based primarily upon mental health components when medical is the primary focus), nor what my job entailed even though it has been given to them verbally and written. One of my questions and concerns is who do you turn to when there are legal resources are limited, either for lack of motivation, interest and/or knowledge?
                    The problem isn't a lack of understanding of the illness, but rather limitations on what may be considered an "occupational disease" under WC. To qualify it would have to be unique to your type of job, but not necessarily the exact one you held. Example: a nurse who works on a TB unit contracts TB-covered; an office worker at the hospital contracts TB- not covered. Screwy yes, but unfortunately, that is the way OD's are treated in WC. If your job was inherently stressful, then your chances of getting a stress related illness covered would be much better. Stress related ailments are very very tough to get covered anyway. If your job was stressful due to volume of work, lack of resources or other thigns that were not inherent to the industry but were the result of just your workplace, it would not be covered.

                    The fact that the exact origins of your ailment are not completely understood even by doctors, nor are the factors that contribute, only makes this more difficult. You may certainly try to get it covered, but it would be precedent setting if it is.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment


                    • #11
                      clarification

                      ElleMD,

                      Thank you so much for your explanation. I do appreciate it. There is so much information that it is difficult to absorb at times. I understand that the with the positions I held dealing with a diverse population, dealing with multiple personalities, mandates, guidelines and responsibilities will be stressful to some degree as is for any type of Human Service profession. I was the only coordinator for the county I reside in. There were similar programs in other counties whom I networked with. They had extra staff and were not on call 24/7/365 as I was. My jobs were beyond reasonable expections when there were lateral positions where expectations were not equitable.

                      I was diagnosed by a specialist in CFIDS & FM in 2004 ( I was originally diagnosed in 2002by endocrinologist and nurse practitioner)who felt that I might possibly have had the illnesses, according to symptomology since 2000 (began working at the not-for profit agency in 1993). When I stated the lack of understanding, it seems that the individuals I have encountered to date with exception of several specialists refer to the mental health aspect and disregard that the physical challenges have impacted on the other aspects of the body, mind and soul. Sorry, I digress.

                      I have been informed that there are cases that have been established but I could not find them despite my efforts. My lawyers basically don't see any money coming in so they have done minimal. I understand the business concept, what I don't understand is if interest and advocacy is given wouldn't there be a greater chance of winning?

                      In the understanding of an OD, stress related illness and causal relationship are they not all encompassing or are they separate issues that need to be cohesive to each other? Also is reliance on only a primary treating Doctor the only focus of proving a stress related wc case? { my lawyer keeps telling me as he nor the partner in his firm have yet to look at the entire file as they "are too busy", "don't have the time" and don't see the relevance" (I am the one who has been submitting information, re-opening the case and getting the appeals and I am beyond exhausted in all respects)}

                      Comment


                      • #12
                        I'm not sure I entirely follow your questions but if there is no causal relationship, it isn't an OD and is not covered under WC. Proving the existance of a medical condition is only half the battle. If this condition was diagnosed so far back, you may also be hitting statute of limitation issues as well.

                        If you feel the lawyer isn't serving your best interests, you are welcome to look for another. I wouldn't count on the outcome being much different though. In order for this to be covered it would require a substantial change to the definitions of what are considered ODs and the standard for an exacerbation of condition. As most medical conditions are made worse by stress, or at least not helped, it would open the floodgates for those who almost any ailment who encountered stress in their job. Typically for stress claims there must be some sort of event that caused the undue stress, beyond what would be reasonable or typical to expect. Otherwise, those in "stressful" occupations would be filing claims left and right.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                        Comment


                        • #13
                          causal relationship

                          ElleMD

                          Thank you again for your response. I am sorry that I am not always clear. The causal relationship in my case is in reference to the precipitation, aggrevation and exacerbation of the illnesses. I was on call 24/7/365 with no relief or substitution which is not usual for any profession that I am aware of as the expection is that there is an alternate person(s) that could step in if needed. I was contacted even when on vacation, sick leave, personal and bereavement time. My condition although not formally diagnosed began in 2000 at which time I was gainfully employed my health deteriorated until I could no longer function in 2003 at which point I took a medical leave of absence hoping to recoup (I continued to be contacted during that time even though the medical practitioners orders were for complete rest with no interruptions). There is stress in every job, there is stress in every life, when you have no respite afforded you I see that as being beyond reasonable. When the agency is aware that you are not well and disregards it as well as add more work when you ask for assistance, again I see that as being beyond reason. Does this seem cohesive in meeting the standards or am I off base on my understanding of OD and causal relationships? Thanks.

                          Comment


                          • #14
                            It still isn't the kind of stress that typically qualifies as "unusual". An unrelated example would be a clerk who is held up at gun point.

                            I'm not unsympathetic, I'm just not seeing your chances of getting this covered under WC as all that great. I've been in a job where I was putting in 12-20 hour days, working vacations, while sick, and yes, suffering from the stress of it. However, I finally decided no job was worth my health and that kind of stress and left. Since then my health and overall happiness are greatly improved and my new job is far from stress free but I enjoy it.
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                            Comment

                            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                            Working...
                            X