Workers' Comp - Florida

Election Date on OWCP's Election Form CA-1105?

Sarah2010 — Tue, 10 Nov 2009 19:52:30 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.

Need some clarification please

Englishrose — Tue, 06 Oct 2009 19:37:44 GMT

Just got home from my last visit from the neurosurgeon who did a kyphoplasty back in July. He had sent me for a FCE (functional capacity evul) and wanted to go over it with me. He tells me I 'didn't do very good' and I asked him what that meant. He said the paperwork they sent to him says I "refused all lifting activities. Pt. states 'I'm afraid to lift anything due to my unsucessful surgery and I don't want to hurt myself'. This is true and it was the very last test that proposed. Everything else asked of me I did and it took three hours to complete. On another page it has a box that asks if consistent effort was given and it is checked YES. So now I am confused. I do not know if he was upset at saying the surgery he preformed was 'unsucessful' or what!!!

The thing is it is documented in his hospital, surgical report that he was not as sucessful as he had hoped as the INJURY WAS TOO OLD. The previous neurosurgeon (his partner) had told me back in June that if the surgery was not done SOON , that the bones on the collapsed vertebrae would fuse together and I would be in pain for the rest of my life. The surgery took place FIVE WEEKS after the initial office visits with them.

I have retained a Workmen's comp attorney as of about five weeks ago and even though I gave them all the doctor notes and surgical notes that I had (I try to get copies of everything) so far nothing has been done. When I inquired at the office today if they had received anything from my attorney they said NO. So I called the lawyer's office up right there. She REFAXED everything necessary to get the ball rolling. Someone is BS'ing me here.

Anyway, the Dr. filled out his own FCE form as well and wrote I could return to work with restrictions but also that I have a THREE percent permanent impairment rating. So what does that mean? This whole thing has dragged on and on since I was injured in Jan. of this year!! I have done all that was asked of me and I am upset the doctor was making me feel like I just didn't try hard enough to get an A or whatever it was I was suppored to accomplish. Sorry for the length. I am just waiting to see if the attorney's think I have a case or not. What does the 3 percent rating mean? Thanks.

No IIB yet

barbrajean — Thu, 17 Sep 2009 18:18:01 GMT

It has been about 7 weeks since my tpd benefits have stopped due to reaching MMI and I have an impairment rating and I still have not gotten anything from W/C. Also have not gotten mileage I sent out 2 months ago.

I called my attorney and let him know. His legal assistant said the insurance company has 60 days to pay mileage (thought it was 45?)but then when I asked her about the IIB she got my attorney on the phone and I let him know this and he said the insurance company wants to settle. He told me when I go see my doctor to get a Future medical expense report filled out.

Ok that's great and all but I want my IIB and mileage. Why isn't he asking the insurance company for these benefits? Is it so I don't look desperate for money and they will figure I would settle for less if I am and by filing a PFB they will know they are right about me needing money?

I go to my doctor next week cause I am having some problems still, if my doctor was to take me off MMI would the insurance company still have to pay me those IIB or would TPD start again?

Earlier this year it was stipulated that they pay me TPD benefits till I reach MMI.

The insurance company is even denying my medicine. Thankfully I found a pharmacy for injured workers and they give you your medicine even if the insurance company denies you them.

Sounds to me they are the desperate ones who want to settle. Any advice would be great thanks.

FMLA AND AWW QUESTIONS

barbrajean — Tue, 15 Sep 2009 14:40:08 GMT

Actually this is for a friend of mine who just got injured a few weeks ago.

He was told that he needs surgery on his shoulder. His doctor said he could be out 3 months. His employer told him if he was out three months they would have to let him go. FMLA protects your job for up to 12 weeks right? I told him he needed to fill out these papers with his surgeon before he has surgery. So the doctor needs to write the fmla papers from day of surgery till up to the 12 weeks. Is that correct fmla protects you for 12 weeks? He has been there for 6 years and they employ more than 50 employees.

Also he is a delivery driver and he gets paid hourly plus depending on how much he delivers.(gets money for each case delivered.) He is not making 80% of his aww because he is on light duty. Does W/C have to pay him the difference?

Should he get a lawyer? They are good about getting him his doctors appointments and everything but he is worried about losing his job. Any information would be great.

W/C questions

barbrajean — Fri, 04 Sep 2009 22:49:23 GMT

I have reached MMI and have gotten an impairment rating. I know the insurance company has 14 days after acknowledgement of my MMI and impairment rating to send me an Impairment income benefits check. Well I know they have acknowledgement because they stopped my TTD benefits. I mean is this true? If it is true will they have to pay intrest and or penalties? If so what is the rate?

After reaching MMI, I know there is a 10 dollar co-pay for office visits. Is there a co-payment for medicine?

I sent a mileage request in on July 1st. Give about 4 days to get there. I haven't gotten anything back yet. Is there a time limit? And if so how long and if it has been over that will they owe penalties and or interest on that?

Should I put in for a PFB?

OJCC case number inactive

jennifer1976 — Wed, 26 Aug 2009 22:06:45 GMT

Just wanted to know why a OJCC case number would be inactive?

Results of FCE test

jennifer1976 — Wed, 19 Aug 2009 14:01:43 GMT

I had my FCE test and my doctors office called me and told me that the physical therapist agreed with what he said. I can not lift anything over 10lbs and I have an impairment rating of 14%

What happens now?

I'd like to move forward with my life and put this all behind me. In my case what is considered in a settlement if I were to settle?

Unemployment and W/C

ProblematicGuy — Wed, 05 Aug 2009 19:36:03 GMT

I have settled my case and reached MMI. I am seeking new employment since being released for work but am not having much luck. An I elgible to claim unemployment after recieving TPD benefits for roughly a year and a half? Thank you in advance for any help.

FCE test what to know

jennifer1976 — Tue, 04 Aug 2009 18:50:22 GMT

I have an FCE test scheduled and I wanted to know that if they ask me to do something and I know I can not do, do I tell them I can't or do I try. Alot of the things I can not do involve pain. For example picking up anything over 5lbs hurts and my doctor has written up to 10lbs.

Is there anything else I should know about this test or anything. Thanks

Workers compensation Appeal

Carltiff — Wed, 29 Jul 2009 16:05:03 GMT

My world came crashing down upon me along with the 20 foot ladder I was on top of at work on Feb 10, 2005. I was injured at work(Anheuser Busch) when a ladder fell out from under me. The accident occurred in 2005 and I was taken to a private doctors office by a security guard in a company vehicle instead of to the hospital by ambulance. I had an injury to my back , a concussion and an open head wound that required 28 staples on the outside and 32 stitches on the inside to close up. Since I had double vision, a Taxi was sent to my house for a couple of weeks everyday to pick me up and take me to work then take me back home after work so Anheuser Busch would not have a lost time accident on their hands. I was treated under workman's comp doctor at first until he said he could do nothing else for me. So I went to my primary care doctor to receive treatment unaware that it destroyed my my workman's comp case. I was needing relief from pain and some help. I underwent pain management nerve block shots for over a year and half. Before finally breaking down and having surgery. It got to the point I could not walk. The statute of limitations may have run on my case but it was not like I was not getting treatment. I feel as though I am slipping through the cracks of the legal system with no one to help. I NEED SOMEONE TO HELP ME. I had back surgery the first week of March this year and have just started back to work last week and I am afraid I will not be able to continue to work . Well I lost my workmans comp case (OJCC case No.08-006379SLR on a technical issue about whether or not the insurance company sent out a workman's comp rights pamphlet. I could not afford the appeal at the time because I was out of work. Is there anything else I can do? Thank you for your time and any recommendations you could make for me. Carl Johnson

Psychiatric impairment rating plus other questions

jennifer1976 — Mon, 06 Jul 2009 16:45:08 GMT

I was injured and during this time, I became depressed and the psychiatrist I am seeing feels my Psychiatric "condition" is that of my industrial accident. I was put at mmi for my physical accident but not yet for the psychiatric part of it. My question is What kind of an impairment rating can a psychologist give? Plus earlier this year it was court ordered that the work comp insurance company pay me till I reach MMI. Now I am at mmi for the physical part but not psychiatric part, do they still have to continue to pay me or not?

The judge just stated till I reach MMI but didn't state for both or a specific one.

If you need any additional information please let me know thanks

work in TN. employer in FL

need help in TN — Sun, 14 Jun 2009 19:03:45 GMT

I work in Tn and my employeris in FL. I needed immediate care while on my job and I called my supervisor and he told me to go to E.R, which I did. Now I find out my employer did not have W.C. insurance at the time and the bills have not been paid, The creditors are coming after me and informing the credit bureau that I have not paying my bills and sending them to collections. What can I do?

Imparment rating and compensation

Tapap — Thu, 11 Jun 2009 21:44:55 GMT

Hello.

I was injured at work and it resulted in a knee replacement. Now I have reached MMI and I was givven a 10% Permanent Imparment Rating (body as a whole) and it also says; Body part/system: 4%.

There are still alot of tasks I cannot do such as knel, squat, or go up and down stairs with my leg.

My adjustor says I am to recive only a few hundred dollars for my compensation and that if I need any more work on my knee in the future it will come out of my pocket. I do not understand. Iv been dealing with this for over 1 1/2 years now and I have to change the way I live my life because of this and im being told that i will only recive a few hundred dollars for my leg and no future medical help.

I am either interested in medical treatment in the future, because the doctors informed me that the implant will only last 10-15 years, or compensation for the impairment and pain and suffering with my leg so I can cover future medical treatment

Can anyone give me some advice as to what I should do or consider?

Thank you

not a work related injury

darkmoor — Fri, 05 Jun 2009 02:14:13 GMT

I hurt my lower back at work getting into the driver's seat from the driver's side. My job is delivering packages and driving is part of my job. This hapened on may 8, 2009. I have hurt my lower back twice before (95, and 02) working for the same company. Each time i have notified my employer and filed a claim.

The original diagnosis was a lower back strain/sprain. After i had an mri done, the diagnosis was lower back sprain/strain /severe degenerative disk disease. The mri also showed a "disc bulge" among a bunch of words that i have no clue what they mean. He also said that the injury/illness for which treatment was sought was not work related. How can this be true? I was on the clock when it happened.

I was released back to work with no functional limitations, even though I still have some pain, although not near as bad as it was a day ago.Do i need to retain a lawyer? Should I file for a one time change in doctors to get a second opinion? Also, i experienced sharp pain in my lower back at work while I was on TAW. I informed my supervisor and he said that they would not have me do that type of work again.I also informed my doctor on my next visit about what happened and he said it was up to me to follow my restrictions. yes, i had given my employer the papers with my restrictions on them.

Any advice or information would be appreciated and helpful

Workers Comps benefits denied

BenSpendor — Sat, 16 May 2009 13:39:58 GMT

Ive sustained an industrial injury to my back and have been paid TTD indemnity to the state maximum since Jan 1 2009. In March, my entire division was laid off. My physician has released me for light duty, which was unavailable due to the layoff. Now, the carrier has denied all indemnity for TPD because of the layoff. Should I contact an attorney to petiton for benefits or is the carrier in fact no longer liable for lost wages?

Worker's Comp Atty Doing Nothing And Gets Paid By Both Side

Janice Davidow — Mon, 18 May 2009 02:52:04 GMT

I was injured at work

Worker's comp paid for surgery and physical therapy and then stopped auhorizing the physical therapy

I hired an atty who said she would get me my physical therapy

She did nothing

I fell due to my original injury

Then worker's comp authorized physical therapy again

We went to mediation last November 2008

In the agreement it says This is a lump sum settlement for $XX out of which claiman shall pay aty fees of $xx plus costs of $XX. Claimant shall net $xx. In addition, employer/carrier agrees to pay $1500 for atty fees for past benefits obtained. Claiman agrees to voluntarily resign as of 11/18/08 and execute a general release. All medical treamen ceases as of today, 11/18/08.

Isn't it a conflict of interest for my atty to be paid by both sides?

Since the mediation meeting I have not had any medical coverage through workers comp or my own insurance because it is technically still a workers comp case because I won't sign the general release because it contains things I did not agree to and a lot of inaccuracies. I have asked my atty to write one and she has not. The general release the employer/carrier wrote is 14 pages.

I have looked up general releases on the internet and they are very simple. The longest one was 3 pages and most are less than 1 page.

6 months have passed since this agreement was signed. 6 months have passed since I have had any medical treatment. I have nothing. The employer/carrier gets off scott free and my atty was paid $1500.

This was about me and I got nothing.

HELP! ! !

I thought I waws done with this!!!!

ray 4 — Mon, 27 Apr 2009 03:38:53 GMT

Hi, After four years of this I thought it was all over with but seems I need help with yet another problem.

I settled my workmans comp case completely along with waiver and all. Problem now is I was sent to a neurosurgeon by my pain management doctor to get a spinal chord stimulater placed in my back to help with pain.. While there the surgeon checked my mri the previous surgeon ordered after he completed my previous surgery. My new surgeon informed me that the surgery was botched and that also the bone marrow never took. The previous surgeon had commented on how well it took so you can imagine my surprise. Anyways this surgeon ordered a cat scan and a bone scan to make sure and it definately did not take. This is according to three doctors. I am scheduled for correctiver surgery on Wed, April 29th already being my back is now dangerously unstable.

I guess my question at this point is can I go after anyone to cover the cost of this being it needs to be redone or am I sh__t out of luck.

Thanks,

Ray

Workers Comp

JACKIE BROWN — Wed, 22 Apr 2009 02:13:45 GMT

In January I had an syncope episode on the job. I filed a workers comp claim and the insurance company denied the claim. I am looking for a lawyer to assist me in getting my medical bills paid because the insurance company is not being cooperative.

Workers Comp. Notice of Dismissal:

Injured Confused — Thu, 02 Apr 2009 01:53:19 GMT

What does Notice of Dismissal of Petition for Benefits without Prejudice mean?

COMES NOW the claimant _________ by and through the undersigned attorney, and in accordance with the DOAH Worker's Compensation Rule ans Procedure 60Q-6.116, voluntarily and without prejudice dismisses his pending Petition for Benefits on this _________.

Also, if I settle my WC case, will it damage of minimize the compensation for my Personal Injury Case?

Thanks....

Workmen's Comp Florida

Englishrose — Mon, 09 Mar 2009 23:13:08 GMT

Can't find the workmen's comp board anymore so I'll try here.

I was working for an agency as a home health aide and in lifting her from bed to wheelchair a bolt of lightening it felt like hit the middle of my back. I told the husband I was in a lot of pain and he agreed to do the heavy lifting of his wife.

I stayed with them for a few more weeks until they found a replacement as the man was 87 himself and didn't want to be lifting her.

I let the agency know of this right away (around Jan. 13th) and since I didn't not seem to be getting better went to the ER on Jan 23th where I learned i had'wedge' compression fractures of vertabrae T10, T12 and T13 with the heights being 50 percent of their original heights. There was more but my concern now is the company I had worked for. I had mentioned that I had had a back injury four years ago so now they are saying that I probably am not covered becasue of that!! I am not even really looking to get on any payroll as it's only a ittle over 60 percen and my paycheck was not even two hundred a week. I just want their go ahead to see an orthopedic or neurosurgeon so I know I am not going to heal crooked or be deformed.

They sent me one piece of paper which said INJURY REPORT on it (no letter head or anything) which my client filled out and gave to me whereupon I made a copy of the ER details and sent to the company. That was a week and a half ago and they are located half hour from where I live. Every time I call the owner is in a meeting and none of the three other girls working there know how to deal with it. They want me to go away and my guess also is since they know I am injured but can still do lighr duty as i continued to do while they needed me, they are not going to give me any clients because of this situation. (Although they keep saying they will call when a 'companionhip' job comes up).

I'm sorry this is so long but I just want to give the background. By looking at the WC website they should have done something by now~~Do I keep calling the owner every day or make a complaint to Workmen's Comp in Florida. Nice how you can go to work for someone down here , get hurt and then they forget your name. &nbsp... Please someone let me know what to do.!!!!

who do file an appeal with for a workeres comp. case?

teebeekahuna — Thu, 05 Mar 2009 17:20:08 GMT

I live in Florida, was injured on job (hernia) in summer of '08. the worker's comp. ins. provider would not pay, said it was 'personal', not work. I have told the provider i a,m appealing, but the only paperwork i have is from the ins. and it does not give me any info. on where to go to file an appeal. I just need an addy or a phone #. thx

Final Merit Hearing

jennifer1976 — Tue, 06 Jan 2009 14:27:21 GMT

My hearing is soon and I was just wondering. What goes on at this hearing? I know because mediation was unsuccessful they have the hearing to see if I am entitled to the benefits I petitioned for.
I have a couple of questions. What is a medical/exempt records filed mean?
Also the carrier attorney filed a witness list and exibit list. Does my attorney get to see all that prior to the trial, I mean the exibit? As far as witness, do they bring in the doctors? I ask because there was no witness to my accident. Just a customer but no one ever got her name.
Any way, does the employer/carrier try to settle at hearings?

Repetitive motion injuries and workers comp

Sign Lady — Tue, 30 Dec 2008 21:42:14 GMT

I fell (at home) in April, 2008. Required surgery to repair resulting torn cartilege in wrist in Sept. 08. During PT for wrist, I was diagnosed with a torn rotator cuff which now requires surgical repair. My shoulder surgeon believes that the rotator cuff is likely a result of repetitive motion at work and the tear developed over time. Consequently there was no incident report to my employer.Does this qualify as a Workers Comp claim under Florida law?

Work comp questions

jennifer1976 — Wed, 12 Nov 2008 15:47:21 GMT

Just a few questions

I had surgery and was out 12 days TTD do you get paid for that or do you have to be out longer? Because last time I was out that long and they paid me. They haven't this time around.
Also how long does the insurance company have to pay you back for mileage?

If I were to settle my case before MMI and later down the road have an impairment rating what happens? or is it better to seetle after an impairment rating has been given? Can my doctor in away tell me what to expect as far as future medical care , future problems etc....?

What happens during a work comp hearing? I filed for PFB cause of the lack of benefits I was getting.(one time change of doctor, TTD benefits etc.....) I had a mediation and the carrier/employer couldn't settle on anything.
They offered me a settlement in which I did not accept. Heck what they tried to settle for and what they have paid out after that offer is probably 10 times that. And I am not finished.

If your injury causes you to be depressed can the insurance company be responsable for that? If it weren't for the injury that wouldn't even be an issue. If they are responsable how do I go about getting a referral for a therapist?

I think that is it for now

I need some Major Advice Please?

mymrwonderfull — Wed, 29 Oct 2008 00:44:42 GMT

I got hurt back in July 2007 my lower back. I had to fight to get to go to the doctor I end up paying for medical treatment almost a year after the injury before my job would send me to the doctor. I had a MRI in Novemeber 2007 and It stated I have 2 buldging disc and a torn muscle. Well when I finally got to go to workers comp doctor I went to a clinic for Workers comp. I went for a MRI at the same place as the one in NOV. 2007 and It stated that I didnt have a buldgin disc or torn muscles the only diffrences that is was read by a diffrent doctor. I was referred to go see a "Spine Specialist" from the clinic doctor. Well 2 months later I received an appointment to a doctor it was a "Pain Management" Doctor not a spine specialist. He reccomended shots in my lower back. I received 4 in my back felt a bit of relief for a few days. The pain managemnt doctor told me he wanted to do a few more shots. Well the next thing Im getting a letter to go back to the clinic pain management said he couldnt do anything more for me. I go back to the clinic and he said there is nothing more he can do for me also Now take in mind the first time I seen thi s doctor was in June 2008/ Pain Management was in Sept 2008. The clinic reccommended me see a neuro surgeon. I did retian an attorney I felt like Ive been jerked around the whole time. Well I received a letter today stateing the clinic doctor said " Inmy medical opinion the major contributing cause of the pain chronic back pain is degenerative disease and obesity. not he injury". I am obese I am only in my 30"s I didnt have back problems before the injury. I dont have back pain all the time just when I do certain things. I dont have hip,knee,leg or foot problems never have that would be caused with obesity problems. The clinic doctor MMI rateing at 0% and I havent even went to a back Doctor he is only a family practice doctor. My attorney sent me a letter stateing that they want to settle for pennies. I dont know what to do I dont agree this all happened within 5 months. Every report right after the in jury doesnt count for some reason I dont understand I need some help Please!!!!