Workers Comp - Advocacy

Is there retroactive pay when switching from OPM to OWCP?

Sarah2010 — Tue, 10 Nov 2009 19:57:00 GMT

Hello, I hope someone can answer this question because I've been trying to find an answer for the last 10 months but unable to. My question is in regards to the Labor Department's Election form (Form CA-1105).

I have approved disability claims with both OWCP and OPM and I was told that I can switch between the two agencies at any time. I was originally with OWCP and switched to OPM about 2 years ago. Now I would like to switch back to OWCP due to a death in the family and financial reasons.

I read on a website that I would be eligible for retroactive pay from OWCP for the difference in pay between OPM and OWCP for the 2 years that I have been with OPM. Is this accurate?

If so, does the retroactive date (when I switched to OPM 2 years ago) go on the "election date" line on Form CA-1105? Is this how I let OWCP know that I want to claim retroactive benefits (e.g. the difference in pay between OWCP and OPM) for the 2 years that I was with OPM?

If anyone can answer this, I would greatly appreciate it. Thank you for your help.

WORKER'S COMP - NC RE: MRSA & BURSA REMOVAL

robin5242 — Thu, 22 Oct 2009 20:50:45 GMT

What's the impairment rating for this? Here's my story:

I hit my knee at work which resulted in MRSA. My doctor did surgery to remove the infection (they took out my bursa sac). I will never have any feeling in that knee b/c the doc had to cut through the nerves and I will never have any protection on that knee so it hurts when I kneel (which my job requires that I do a LOT). My doctor released me and said there’s no impairment rating for this issue – is that correct?

tennessee workmans comp

joefuss — Sun, 27 Sep 2009 13:16:10 GMT

My attorney had me sign medical release forms for the lawyer of the insurance company that my employer has. Is this standard? It is a workmans comp injury.

workers comp wont cover

Joe68 — Fri, 13 Feb 2009 17:16:40 GMT

Today i recieved a phone call from workers comp telling me that they will not cover my injury do to that me doctor in his notes did not state specifcly that my unjury was work related. Basical where it ask on the form Qoute:In your opinion is this disability as a result of the injury described above. He left that blank. I know from my last post i was told i could set up a hearing to dipute it my question is should i get a lawyer to help me Dispute this claim? and also why wouldnt my doctor be required to fill in the whole form? I feel the the workers comp company is jumping the gun no one really knows the extent of my injury yet. I am Scheduled to go for an MRI today to see the extent of my injury. Any help would be great on this matter.

Also one of the reason they will not cover is becuase i did not feel the pain right away at work but woke up with the pain that night and reported it to my employer at 5:30AM the next morning. I have been trying to find a law that fits my case so i can present it to the comp company. is there such a law?

Thank you
Joe68

Disability termination

ahyatt — Sun, 07 Jun 2009 11:26:46 GMT

I am a disabled vet and I have worked for the same company for over two and a half years. I do apartment maintenance. I hurt my knee on the job and had to have surgury last tuesday. On friday there was a note on my door saying I was terminated and gave no reason. Is this legal. I filed workman's comp. I have to move in 30 days with no job and I'm still recovering from surgury.

mmi

intellec — Sat, 12 Sep 2009 19:15:43 GMT

state of alabama: what are the reasons my ttd checks stopped? i have permanent injury, can`t perform heavy labor job, because of foot drop, torn ligaments in knee, i am at mmi, should they continue?

I don't want to Appeal this again....mentally exhausted..

Mary6 — Fri, 28 Aug 2009 01:16:30 GMT

I filed for WC and was denied. I appealed it and the state ruled in my favor. The decision was reversed and the employer was ordered to pay...Now the company is appealing it again and I just don't want to go through this again... Many things happened after I got injured. Punishments , write ups , and you can guess the rest of what happened to me .....

If I don't show up for the appeal then will it be dismissed ? I am not required to attend am I ? I want to get on with my life. I want to move soon...

Another option might be a phone conference ( if I move away ) as it feels a little less stressful as instead of appearing in court and watch my former employer * lie * again to the state and I can't stomach that right now.

Thank you.

Please understand I can't give too much with specifics to protect my privacy..

How can overrule Longshoreman?

ShawnRobbins77 — Wed, 22 Jul 2009 01:27:31 GMT

Hello all,

All information included here is as I remember it and may need clarification. If it doesn't sound right, it may not be and I can respond to any questions directly after clarifying them with my father-in-law.

My father-in-law, as a supervisor at a local shipyard was injured on the job. He was relocated to a desk job to recover and slipped and fell in a sliding desk chair and further hurt his back/neck which had until this point not been properly diagnosed. So he went back and finally got a xray/MRI or some other scan that showed damaged vertebrae. He had paid for years into salary continuation and so forth and was now getting paid, but fighting with workers comp to get the damage fixed. As I remember it, they told him that the damage was preexisting, which may be so, but it was preexisting from a previous work related fall only months or so prior. He had doctors attesting to the damage, but WC fought him tooth and nail. He finally got the surgery, which by the way did not stop the pain, and now they have stopped paying him.

This ordeal has been going on for 10 or so years now and seems to have no end. The US Supreme court ruled in his favor at one point that WC could not direct him to a doctor that was on their payrole. I feel this is significant in that, as he tells me, the ruling directed them to give him a court hearing rather than trying to find a doctor to argue against him. The Longshoreman located in New Orleans completely disobeyed the ruling and proceded to find ONE doctor who says "he's fine, send him back to work", contradictory to what 10 other doctors say. He suffers extreme pain and gets regular botox shots in his spinal region which seem to be losing their effectiveness as the years go on.

Fairly recently they offered him 150k and open medical which seems attractive, but he has to pay back Social Security that he has been drawing for a couple of years. Not only that, the 150k would be the money that they should have been paying him for the past couple years but stopped doing. Remember, he paid into salary continuation insurance for many years.

Now the predicament. As an outsider, I only one see one side of it, but it seems to me that the attorney working the case has questionable motives. How can any agency ignore a ruling by the supreme court, and if they do shouldn't his attorney have a route to file a complaint? Also, any time that an additional attorney referral is offered, it goes back to his attorney now as being the best in the business. It seems to me that somebody should be able step in and overrule the single person at the WC office in NO who now has a personal vendetta. The case is pretty big and not even local senators/representatives are unable to help. How can FARA and/or the DoL be overruled and/or sued? He is getting into his mid 60's and I think that they are betting on his retiring and or passing away as an end to their situation. Why should they get away with delaying this for 10+ years?

Thanks in advance. If any of this is rambling or unclear, please ask for clarification. I will get directly with him restate the issue.

Are mental Health issues ever considered in WC settlements

Nichole1234 — Mon, 08 Jun 2009 16:24:11 GMT

After 3 years and 5 operations to repair a broken knee cap, finally resulting in knee replacement, the depression, anxiety and loss of self esteem has been another unfortunate result of my injury, Inability to work and do something worthwhile as well as the financial devistation from the reduction in income that leaves me having to constantly impose on my family just to pay general living expenses. All these factors are directly tied to my accident. I would also like to ask how it is handled when we are requesting to have WC pay for College classes due to the fact that I will not be able to continue on my current career path.

Thanks for any input you may have

WC decision

Tacoma — Tue, 21 Apr 2009 18:41:45 GMT

The Voc Rehab decided that I can be a minimum wage worker at a job I have never performed nor have any desire to do so. ( I am overqualified due to a degree). The claim manager has decided that I am able to return to work and have stopped my comp pymts. My Dr knows that I cannot perform duties at this time. They will continue to pay the medical- but I cannot apply for work because I am as yet unable to endure more than two- three hours of activity of any nature.If I were to apply for unemployment one of the questions asked is if I am able to perform duties, the answer is no (double edge sword here) What type of options are available to me? They will want to settle and Dr says that this is lifelong condition that has affected my quality of life. What would be my best course of action?

Somewhat unrelated- Another question is DO I have suit against old employer because they fired me. Yes this is an at will state. The excuse was "talking out of school" (this is a two person office) however my manager finally confessed to me that it was because of my injuries that I was fired. How is one able to prove this?

Do I have to pay?

Choco Latte — Wed, 08 Apr 2009 03:30:22 GMT

I live in Las Vegas, NV, and work at one of the major strip hotels. I was injured at work last year. I hired an attorney on contingency. The orthopeadic doctor wants $550 per hour to complete his professional findings. The estimated time would be for 2 hours. There is a lot in my folder. The attorney refuses to pay the fees and said that if I wanted the doctor's documentation, I would have to incur the $1100 because I am still working. The attorney's staff said that if I was unable to work, the doctors usually consider this a hardship and do not charge. I called the doctor's office,and they said it was the attorney's responsibility to pay the fees. I understand that if I want the doctor's professional opinion relating to my case, I would have to pay the fees. My question is if the attorney is doing what is ethical?

Dental Injury at Work

jpetrocx — Sun, 05 Apr 2009 06:27:17 GMT

In Sept 08, had injury at work. Item ejected from machine and hit in front teeth. Immediate loss of 1 upper front tooth. Went to ER. Report indicated "Fractured tooth". Was refered to Dental clinic. 2 days later noticed that other front upper tooth and 2 lower front teeth did not "feel" correct. Still had much discomfort in mouth.

Called ER and spoke with them. They stated that as long as there were no serious issues (Swelling, fever, bleeding, discharge, etc.) to continue with follow up with dental referral.

Called dental referral. Appointments not available for 2 to 2 1/2 months. Kept calling when I could, trying to find earlier appointment. Had much personal crap going on in life at time.

Finally called in and was given appointment at end of Feb 2009.

Dentist did complete work up. Says I am not candidate for partial bridge or replacement of one or more front teeth. Note that 2 other front teeth have come out.

Dentist says only viable medical option is 100% bridge work.

WC is being resistive. Says "It took too long to see dentist". Dentists asserts that trauma to area could result in additional loss. Has told Insurance company this.

Insurance company representative is being resistive and beligerant. Says they will pay for only 1 tooth. This is against medical advice of dentist. Insurance company does not return calls. I must continue to call them and when lucky get the claims rep on phone.

Claims rep acts like "broken record" saying "We will only pay for 1 tooth". Will not discuss any type of treatment plan or cooperative treatment plan. By cooperative I mean that I pay some small portion. I am 59 and back teeth are not great. Front teeth were OK until accident.

I have called attorney and have initial phone consult this coming week.

Any input or ideas are greatly appreciated. I am "in the dark" as far as details and ideas.

Thanks

Shattered thigh at work

cathy16 — Thu, 26 Feb 2009 16:27:06 GMT

Cathy Omaha, Nebraska

I am a 64 year old woman who was hurt on my job. I fell down over some clothes that were left on the floor from the previous nights shift. When I fell I shattered my thigh bone.

I am now permanately disabled and I will never be able to walk unassisted or stand up for more than a handful of minutes for the rest of my life. I have very bad pain every single day from my injury, and I will never be able to work again.

My employer sent me to a Doctor and rehabilitation for about a year. The doctor told me that my leg will never fully heal. He sent my employer/insurance company a report on my injury and my pain and suffering. I have no idea what was in the report and my employer won't tell my family any information. My workers' comp has expired now and I am no longer an employee.

I also filed for my 401k money and my employer has hijacked my check and will not release it to me until they figure out my settlement. I'm in a finacial emergency and they won't even tell me a vauge time frame of when they will release my 401k money.

I would like to know why they are acting this way? I had already broken my hip by falling at my job and I came back only to fall again and injure myself even worse. With my recently broken hip I'm not sure if I should have been in the store alone opening it at the time I shattered my leg. The hip injury left me with an uneven gait. How much money should I expect in a settlement? How long will the workers' comp insurance company take with my case? I have no idea about these things and now I feel that my job I worked so hard at for 11 years is taking advantage of me.

I can't find an attorney to help me

rdbgsn — Fri, 13 Feb 2009 15:21:38 GMT

I was injured at work, and the company refused to let me turn this in on worker comp. I have 4000.00 worth of doctor bills . the company is a LLC company. recently we found out they apparently have no workers comp insurance which they have more than 3 employees.

I am having problems with my injury which was not fully treated due to the company refusing to pay the bills.

I have spoken with 19 attorneys about this and none of them want to take my case even though they say I have a good case and also a disability due to the injury. the reason they are giving me is because this company is a LLC with no workers comp. I was also told I would most likely have to file a civil suit against them.

I need help and cant find it. I nolonger work for the company, and have filed a form 18 with the industrial commission.

Please help me ..or please direct me to someone who will and can. I need an attorney to take this on a contingency basis, due to be unemployed

health care benefits - How can I get info?

hartnettt — Sat, 07 Feb 2009 20:44:41 GMT

I have a claim (wa state)from 2001. I found that healthcare benefits/OT were never calculated into time loss. There was an appeal from the employer in the beginning that was never answered. So, I am eligible to get all of the difference to 2001. I am unable to get employer to give me the healthcare info. I found a law in 4/03 fixing the amount of $373 for workers healthcare. How can I get this info? If I can't would this law be in effect?

Should i be covered by workers comp

Joe68 — Wed, 04 Feb 2009 14:29:45 GMT

In 2002 i was injured at work and recieved workers comp on a back injury. At that time i recieved a back operation on L4-L5 after about 3 months i was released to go back to work. I was sent to see a doctor to see what my total disability was at that point nad it was decided i was 5% disabled. Shortly after that i recieved a check in the mail for around 5,000 dollars I am assuming that was a settlement.

Last thursday i went to work after a large snow storm and shoveled most of the day and then continued with our regular dutys whuch include heavy lifting ext.I am a foreman for a steel company. Anyway i felt fine that night when i went home but in the middle of the night woke up with pain shooting down my leg so i got up the next morning and went to the shop and spoke to one of my boss and told him my situation and he asked me if it was work related and so i told him i thought it was but was not sure. He informed me that no one was around in the office to fill out paper work so take the weekend and see how i felt on monday.So by monday moring i could not even get out of bed to make it into the shop so called and told them my situaton and was asked agian why do you think this would be workers comp.At that piont they sent me there doctor and when i got to his office he siad if i could not prove it was workers comp to go see my primary docter and sent me out the door. I didgo see my doctor and told him the story and he wrote up under a comp form which was faxed to my work place.

My question to you is should workers comp cover my injury even if it is related to my injury in 2002 and the fact that i did not feel the pain in my leg on that Thursday? The reason i ask is i get the feeling that my employer will not stand behind me on this and if i get denied do i have another alteritive to get workers comp.

Thank you,
Joe

due process in workers comp case?

pat1947 — Sun, 28 Dec 2008 03:41:06 GMT

Can a former employer bring work performance records or write ups for errors to a workers comp case to use against a former employee to discredit their character and credibility? Particularly after they dismissed that person and the claimant was able to collect unemployment? Does this type of evidence interfer with due process if the claimant was not aware it was going to occur and had no opportunity to defend themself?

Thank you for any legal comments on this matter, as I plan to appeal.

Attorney compentency

SoCalKat — Fri, 14 Nov 2008 22:57:14 GMT

I have retained a Workers Compensation atty. since 2005 and am having a difficult time getting any communication or forward progress from him. This has been an ongoing problem with my atty and his office. My calls and faxes go unanswered. Five weeks ago my atty. called me and said it was urgent that we come up with a settlement amount to give my employer's insurance company's atty. Since the following day I have placed 5-6 calls to his firm and have not rec'd any follow up communication. NONE. I've experienced this lack of communication with this firm since I retained them.
I'm at my wits end. I now have very little confidence in my atty. and don't feel that he has my best interest in mind. What can I do? Is there a way to file complaint? Perhaps this will get him moving or will encourage him to move forward toward a resolution as to get rid of me.
I've spoken to another worker's comp atty. and that has helped me more than the atty I have on retainer. At this time it seems that there is not much I can do to resolve my case without my atty's help.
I know that to cancel my contract will mean that I will have to pay a new atty. plus this one and I don't want to do that. This is not a huge case so far as settlement goes but I'm not going to settle just to get it over with as I feel there is a place for justice in all of this as well.
Any ideas and or advice would be greatly appreciated. Please HELP me to get my own attorney on my side.
Thank You.

'SoCalKat'

Lawyer will not call me back

martinez9 — Mon, 13 Oct 2008 17:30:40 GMT

I was put at MMI about a year ago. I injured my back and knee at work and needed three surgeries. I was told by my doctors that I would eventually need more surgeries, but for about 8 months, I was doing ok. About 4 months ago I began having pain in my knee and back and called my workmans comp doc to get an appointment, he said that I would need an approval from the insurance company. So, I called my lawyer to see how to do that. Four months later, two er visits later - I still not have gotten an approval from the insurance company. I am having extremem pain and swelling, and would like to see a doc, but my lawyer has not gotten back to me. What do I do now?

Statute of Limitations

rico333 — Tue, 14 Oct 2008 16:27:44 GMT

My husband was injured on the job about 9 years ago. He suffered a brain injury and head trauma. Since than he has experienced a multitude of problems (memory loss, anger issues, extreme headaches, back problems, etc.) I was not married to him at the time, but from I understand he was told to sign a document to say that he would not hold the company liable and after 9 months of recovery he was allowed to return to work. He was laid off about a year later.
Is the a statute of limitations? He has suffered throughout his life since than, and I would like to see him get medical attention he deserves. Please advise.

Is it common

suggie — Wed, 17 Sep 2008 21:03:09 GMT

Is it common for the carrier to deny the wc claim?

How Long Does It Take?

suggie — Sat, 13 Sep 2008 16:25:17 GMT

Just curious. How long does it take before I receive a check for lost work? (Usually)

Is This Acceptable

suggie — Sat, 13 Sep 2008 15:47:26 GMT

Having never claimed a workmans comp injury all is new to me.
The company where I worked did not file the claim with their insurance carrier. They refused treatment and when I finally called the corporate office the local office gave them a date for the accident one month later then the actual accident.
I am stillbatteling but just wanted to know if this is legal or is this something that should be reported to whatever authority that oversees workman's comp cases

partial permanent disability

Choco Latte — Sat, 09 Aug 2008 18:28:33 GMT

I live in Las Vegas, NV. I was injured on the job. I have been allowed to work full duty with no restrictions. I just received a letter from my case worker that I have an upcoming appointment to award me permanent partial disability, which then close my case. My question is: can my employer (I am with a union) terminate me? I have been employed for over 33 years and I am not financially ready to lose my job, which I am doing full time with no retroctioms at the age of 56. Please advise.

pay

berdiejoy32 — Sun, 27 Jul 2008 13:45:20 GMT

I am so new at all this that I get blown away by the way things are handle by my company. Here is a new question. I was not paid last week by workers comp because my adjuster e -mailed my lawyer and told him she was going on vacation and would not pay me until this week, Is this legal?
Thanks for answering my questions!