Workers' Comp - Missouri

so confused...

elleng81 — Fri, 07 Aug 2009 21:05:14 GMT

My father was injured on the job 2.5 years ago. He fell from a 9ft ladder and broke his wrist (compound fracture) and ankle and required two surgeries. He was told by a former coworker that he was entitled to a settlement because of his injuries. After some research online we discovered that yes he was. I called MO WC and spoke to someone who said not only does he has a case, he has a fraud case as well. Apparently his employer didn't report the injury until 4/2009 (he was injured 4/2007). So my question is 1) should he contact a lawyer and try to get this settlement? 2) What documentation should he get from his employer/insurance company 3) what type of settlement do you think he would get? He has mobility in both the ankle and wrist but neither are able to lift as much as he used to.

Thanks!!!!

just had surgery.....

1234567890 — Wed, 15 Jul 2009 23:29:44 GMT

I AM A DELIVERY GUY AND I WENT TO A STOP AND I FELT IT WAS DANGEROUS TO GO UP SOME STAIRS WITH THE PRODUCT. SO, I CALL INTO THE COMPANY AND THE COMPANY TOLD ME I MUST MAKE THE DELIVERY,BUT JUST TAKE LESS UP THE STAIRS. AFTER GOING UP A FEW TIMES , I CALL FOR SOME HELP. THEY SENT ME ONE GUY. I ENDED UP FALLING ON THE STEP BACKWARD AND HURTING MY BACK AND TEARING MY LABRUM. MY BACK IS FINE NOW ,BUT I HAD SURGERY ON MY SHOULDER.. I TALK TO THE INSURANCE ADJUSTER AND HE SAID I PROABLY WILL RECIEVE AROUND 400 TO 500 A WEEK. IS THAT BEFORE TAXES? ALSO, I HAVE TO PAY CHILD SUPPORT AND JOB BENEFITS. I CAN'T SURVIVE OFF THAT INCOME. SHOULD I HIRE A LAWYER? ALSO, DOC SAID RECOVERY TIME IS 4 MONTHS.

Arthritis

apray — Sat, 09 May 2009 21:34:22 GMT

I have been working at Armstrong Wood Products for nine years and I recently went to the doctor because my shoulder was bothering me. six years ago a doctor had an x-ray of my left shoulder and said I had mild degeneration of my left shoulder. I recently started seeing a new doctor and he sent me to get an MRI on my shoulder and it came back that I had severe degenerative arthritis in my left shoulder. My work claims that it cant be work related!! They wont let me work because the doctor put me on light duty and now yesterday they had me fill out FMLA paperwork and the doctor put down LIFETME INJURY on the paperwork which means that I cant work anymore. I cant get unemployment because of the injury the state actually has me listed as quitting my job which is not true I am on medical leave/FMLA. My question is can I get workmans comp for my severe arthritis or am I basically screwed??? I have already applied for medicaid and disability and turned in the MRI reports and FMLA paperwork to social security , so, can I get workmans comp or is it hard to prove it is work related??remember I have worked there 9 years, thanks

Forced Vacation

macruns — Mon, 27 Apr 2009 11:51:49 GMT

Recently due to the downturn in the economy, our company has scheduled workers less time - from 40 to 35 hrs/wk. I am a benefits elligible worker of 39 yrs. with the company. I have to maintain 35 hrs/wk to maintain benefits. However, a supervisor is telling us that we must use our vacation time to suppliment our working hours to maintain the benefits- and has called us off our scheduled hours that morning due to a shortage of receiving shipments. Is this a violation in Missouri?

New position at LOWER PAY being offered upon my return to wo

kajosdad — Fri, 06 Mar 2009 23:05:29 GMT

Hello,

I am new to the forum but need some opinions. To start with, my employer and I have been friends for many years but don't want that to interfere with whats "right" for me and my family.

I suffered a work related back injury in 2006 that was helped with an Epidural shot. From that point on I just kind of watched what I did at work, I'm a landscaper. In 2008 I re-injured my back and just had surgery on 2 herniated disks. I am still undergoing PT and am currently off work and being paid by WC.

Yesterday my bossed asked me to come in for a meeting about the furture of the direction of our company, i.e.: some changes were being made. In a nutshell he told me that once everything was said and done with WC and I return to work, my position with the company would be changed from a salaried position of approx. 40k/year plus commissions where I've been making close to 50k/year, to a $14.00per hour position due to my inability to do the same job as before my injury,("We're gonna need to watch what I do from now on because of the back injury").

Does this sound fair and more importantly, to any lawyers in the house, is it legal?

Please respond as soon as possible, I have one week to respond to the new offer!

workers' comp lawyer fees

momom — Sat, 10 Jan 2009 19:27:26 GMT

My husband recently won a workers' comp case against his employer. The lawyer's fee is 25%. My husbands medical insurance paid the bills totaling $32,000. The medical insurance company took a less amount of $20,000 as reimbursement. The lawyer took his 25% percent off the $32,000. We expected him to take 25% of the $12,000, which is the remainder amount. Is this a customary practice?

confused about court

SheriR — Sun, 11 Jan 2009 03:03:08 GMT

Hi,
I'm confused about something. I went to court, trial, Friday. It is now up to the judge if I get treatment. What I need to know is, if this judge says I get treatment, will I be automatically able to get WC? If so, how does that work. I am new to WC and have no idea. Like, will I get paid from the last day I worked?
Thank you for any information you can provide me.
Respectfully,
Sheri

Follow-up from October 08 question

ChrisA1 — Thu, 18 Dec 2008 23:09:59 GMT

Mr. Lefton,

I posted in October re husband's shoulder injury suffered from a fall off a scaffold at work ... (past 28 years) as a dry wall taper. He's been getting work comp checks weekly but at a much lower rate because unfortunately work was very slow the 12 weeks leading up to the injury and $$ is based on percentage of his last 13 weeks worked.

In Sept he had rotator cuff surgery and has been on Physical Therapy since, almost 4 months. He is still unable to lift more than a 1 lb. weight and today his surgeon told him that he will assign him one more month of PT and if he's not improved by then, he will put him on Perm Partial Dis. and at that point his employer would probably fire him. Yikes! Can they do that?

In September,WC people told him that once he was well enough to return to work they would give him a settlement of $4000.00. We made no response to that statement.

What can/should we do at this point? He can't collect his retirement until Dec 09. and now is not the time to be without any income whatsoever.

Thanks for any help,
Chris

Once a doctor says that you are MMI what is the process?

msconcerned — Wed, 12 Nov 2008 15:24:00 GMT

Once a doctor says that you are MMI, but you really aren't and WC stops everything, what are you to do and how are you to surport your family and survive?

Can someone explain what this means under MO WC

msconcerned — Wed, 12 Nov 2008 18:01:38 GMT

The doctor has stated that I am Permanent Partial Impairment and Disability. How does this statement relate to me under the MO WC Law section as follows: Permanent partial disability - this is paid in addition to compensation for temporary total disability or temporary partial disability. The employer pays compensation computed at the weekly rate of compensation in effect on the date of the injury.

Can i just ask for a seettlement ?

pcdudekc — Mon, 03 Nov 2008 15:55:22 GMT

I was hurt at work in Aug of this year and was told I needed shoulder surgery, I have already had a rotor culf repair on the other shoulder, and I have said I wouldnt do it again. What can I do ?

Please advise - recent injury

Pixielf — Mon, 15 Sep 2008 03:38:20 GMT

Bear with me as I am typing this for my son (he is still operating with only one hand!).

He works for the state at a habilitation facilty for MRDD individuals. While trying to step between two folks who were having a "disagreement" he was attacked by another client. They are always short staffed so by the time another staffer found him, he had been knocked unconscious by one of the clients.

His injuries were mild concussion and unfortunately a severely dislocated/broken hand. This occured several weeks ago.

They tried conventional therapy until they realized how severely the hand was dislocated. He has had subsequent surgery to reduce the dislocation but it was severe enough that it had to have external pins placed. He just now got the pins out and the hard cast off last week.

His hand is incredibly swollen and he has NO range of motion in it. The dr. said that it would take "time" for mobility and strength to come back (mind you NO physical therapy has been ordered) no further treatment is planned for him at this time..

We are very concerned for him. Injuries are occuring rather frequently at his facility due to short staffing and the high incidence of anger and agression issues with the clients.

He has this bad hand and is also dealing with a permanent injury to his OTHER wrist with permanent pins placed in it due to an Army injury while he was in Iraq. He is a too young to be dealing with 2 bad wrists/hands and I am worried that worker's comp. is selling him down the river.

What can we do to help? He is in alot of pain and it doesn't seem to be getting better.

Thanks in advance.

Newly Injured

ChrisA1 — Sun, 31 Aug 2008 19:18:20 GMT

My 56 year old husband has been a dry wall taper for 25 years, most of them working for the same employer. He is often climbing scaffolding while carrying a 50 lb bucket of "mud".

Two weeks ago while on a job, he fell backward off a small scaffolding hurting his back, (no broken bones), and injuring his shoulder. He was taken to the hospital by ambulance.

Day 4 he was evaluated by Orthopedist. Day 7 had MRI and day 11 we were told that he had a "Complete" tear of rotator cuff (3 cm.) and that the muscle was completely separated from the bone, and that there were some bone spurs. The surgical repair will be done later this week, followed by a long regimen of PT. He is currently undergoing PT for the back injury.

When we were given the results of the MRI, both a WC case worker and a WC nurse were also present. I asked both WC workers about the high incidence of re-injuring the repair, both nodded in agreement that it was not uncommon.

When my husband and I left that appointment, we walked out with the WC case worker who told us we would be working together for months, through the fall, winter, and into next spring, and at that point "we" will talk about a settlement. Settlement? Heck, we were thinking he'd be going back to work at the end of all is said and done. He was planning to work at least another 8/9 years.

My husband and I are just flying by the seat of our pants here and don't have a clue as to what to do next to protect our future.

Any advice? Should we be consulting with a WC attorney at this point?

ps Through the conversations overheard by us(and to us by the case workers themselves), it seems that there is a strong possibility that our WC nurse and our Orthopedist have a personal relationship outside of their business relationship. That can't be good.

statuate 287.149.1

tiler02 — Thu, 24 Jul 2008 15:22:10 GMT

I have a Missouri work comp case. I have back injuries along with surgery which leaves me unable to go back to my former work. I was approved for Vocational rehab under the state program. I was approved for the program before I was deemed at MMI. All work comp benifits stopped once I was MMI. My question: Under statuate 287.149.1 it says benefits shall be payed throughout the rehabilitation process. Now I was told that since this program is run by the state and payed for by the state Work comp does not have to pay me any benifits. Is this true?

Draggin on and on

lawsnooop — Sat, 23 Aug 2008 07:08:34 GMT

Hi..is there a time limit in Missouri at which an inuser must settle? Or can they just keep draggin it on for say twenty years or so? Seems like there should be a time limit if there's not one. Also,how long after a stettlement is reached until pament rc'd?? Can they somehow drag that on and on as well? Thanks for the input.

workers comp settlement

Rod4 — Thu, 14 Aug 2008 23:09:51 GMT

My best friend was severely injured on the job almost 2 years ago and is still under doctors care. One elbow was shattered the other broken in 5 places. A knee cap was fractured and hearing damaged in one ear as well as a back injury. He has scarring from multiple surgeries as well as some permanent disfiguration of his arms and elbows as well as some permanent disability in both arms.What can he do to determine what a reasonable settlement might be?

What to do????

kiddo4ya — Thu, 17 Jul 2008 19:13:47 GMT

I had gotten hurt on the job. And I am on a five pound weight restriction and desk type work only. I hurt my back and had to have back surgery.
My job has nothing for me to do in their office for my light duty. After they told me that I would be working there. They sent me some were else and I can not physically do that job. But they are telling me since the bending and twisting was not on my restrictions and that is what is causeing my back to get worse again were I am getting the numbness and tingling going back down my leg. There is nothing they can do. What should I do?

What Should I Do Next? (lengthy, but nessecary)

capt_caveman818 — Sun, 06 Jul 2008 14:07:29 GMT

As a police officer, I was involved in a altercation with an individual while making an arrest. During the scuffle my right arm was extended. Afterward, I had a slight burning sensation in my shoulder. I went to the ER, as advised by my super, and was diagnosed with hyperextension of the shoulder. I was treated with anti-inflammatory medication and released with restrictions not to use the arm for 3-4 days. I continued to have pain and limited motion in the shoulder until I was seen by the work comp physician about a week later. He diagnosed me with bursitis and arthritis in the shoulder joint. He ordered me to rehab for electro-therapy treatments of the shoulder and prescribed naproxen. After a few sessions of electro-therapy, I was not getting any relief of the pain or full motion back in my shoulder. I was finally sent for an MRI about a month after the incident.

According to the work comp physician, the MRI showed arthritis in the shoulder but did not show any physical damage to the area. He stated this was beyond his expertise and requested that I see an orthapaedic specialist because of my increasing pain.

I was seen by a specialist and sent to have a contrast dye MRI of the shoulder. The results of the 2nd MRI showed I had a substantial tear of the labrum and my rotator cuff had been stretched. He suggested surgery to repair the labrum. Work Comp approved the surgery and it was completed about a month later.

After five months of physical therapy, the Doctor finally released me to return to work without restrictions, even though he told me I was not 100% and still limited in my motion. He believed it was inflammation from therapy that was causing my setbacks. Needless to say, I was excited about going back to work. My first day back, I had to re-certify with my firearms and I could not do it without pain. I then resigned from my position, allowing them to replace me. Alot of officers had pulled doubles and postponed vacations in order to cover my shifts while I was out. At this time, I felt there was more to my pain than inflammation and I could not allow fellow officers to be burdened any longer with my shifts. This way they could hire someone to replace me.

I reported this to Work Comp, and was re-evaluated by the specialist. He suggested that I may need to have a decompression surgery in the joint. Hearing this news, Work Comp sent me to another specialist in an ajoining state to get a second opinion. This specialist suggested a decompression surgery and was concerned because the decompression should have been done with the prior surgery. He stated a decompression is standard procedure and the other physician had made a mistake by not doing it. The Surgery was approved and was scheduled with the new specialist.

The second surgery was conducted and the doctor discovered that not only was a decompression not done but the previous doctor had sutured the entire labrum down. There is a natural gap in the labrum which allows the arm and shoulder to move properly. This gap was stitched shut by the previous doctor. This was the apparent reason for my limited motion and my pain.

I am currently going to therapy and feel much better. I know that I will need to be evaluated as far as any permanent physical loss but should this case be handled by an attorney because of the circumstances with the first surgery? Should I wait for a settlement offer first? I have been out of work for nearly a year, I lost my job and I dont know what to do next.

Husband going to court soon- please advise

MalloryCat — Tue, 17 Jun 2008 21:37:33 GMT

Hi-
My Husband is due in court soon for his WC case regarding a hand injury-
His injury was 14 months ago and he is 14 months post op from the surgery required to "fix" it.

His Doc has documented that he has a 25%Permanent partial loss of his dominant hand and some loss of strength-
The Insurance Co. offered a settlement of 10%- which my husband turned down and and countered at 20%-which was denied- and the offer was withdrawn and a court date was set-
The settlement is now due in court in front of a judge soon-

Does anyone know what we can expect?
Would a judge ever rule that the injury was worth less then the original offer?
10% seemed low to us b/c of the following:

He is a Mechanic Type-
The injury is his Domin. hand.

He is young and has at least 20 years left to work.

The loss of strength makes it hard to complete some jobs where strength is required.

I am concerned he may develop bad arthritis or scarring in the joint that was operated on down the line-

ALSO- very interestingly- I requested a copy of the Op report that the Workmans Comp doc did (This is the surgeon who saw him initally and did the surgery) and the Op report states that he OPERATED on the non injured hand. (?!?!)

Will this matter?
We are curious what to expect and what kind of a settlement is usually handed down-

If anyone has any advice or info for us we would appricate it-

Thanks-
Mallory

Workers Comp. settlement

Lawson1 — Fri, 06 Jun 2008 06:04:50 GMT

Im 47year old own and operated 2-3 man construction bus 25+ years recently fell 32ft shatterd shin and broke pelvis /they screwed and plated me together, climbing is 75 % of my work do not believe will be able to perform safely. I was wondering what do they consider in settling a claim with a bus owner.

Phy Therapy/rehab mileage

msconcerned — Sat, 31 May 2008 13:47:52 GMT

MO Workers' Comp-Is there any reinbursement for mileage driven back and forth to physical therapy and Dr.'s appointment? If so, please supply your knowledge on this matter. (Phy. therapy= 46 miles total/day/3 times a week; Dr.= 78 miles total/1 time a month)

recording visits to healthcare provider

kl2 — Sun, 08 Jun 2008 19:49:03 GMT

Is it illegal in Missouri to voice record a visit with the healthcare provider?

Workmens Comp & FMLA

Melissa15 — Thu, 22 May 2008 05:46:44 GMT

I injured myself at work on one of my Saturday shifts. I was moving banquet tables for a group that needed to set up a room for a meeting. I asked our mgr in the banquets department to come and help and he did not have anyone to come help me. To give great customer service, I moved tables by myself. I pulled and pushed tables for about 20 minutes getting the room ready.

Needless to say, I injured my neck. At first I did not realize it until I woke up the next morning with a crick in my neck. I took some tylenol and rested. The next day it was worse. On the third day I returned to work and reported the injury to HR. I was treated by a doctor recommended by the company. No xrays were taken, it was diagnosed as neck/shoulder sprain/strain. After weeks of physical therapy, I was feeling worse. I informed the therapist that I was feeling worse and she recommended that I see the doctor for a follow up appt. He then said he recommended an MRI. After five days, I finally got it approved and had the MRI. The report showed that I had three bulging discs hitting my spinal cord. I was resticted to a 4hr work day. After my treatment was exhausted, they referred me to a pain management center. I have had to take time off for these appts. I have had three epidurals in my back over the past 6 weeks.

My employer is now asking that I fill out FMLA paperwork which does not make sense. If this is a workers comp case, why would I say that I voluntarily take "leave" when I have not left my job? If I fill out the required information and my doctor fills out the medical certification, ins't this saying that it is a voluntary restricted work duty? The doctors have restricted my work schedule not me wanting to take leave...

Please help me understand what the difference is...
Thanks...

Shoulder Injury now have carpal tunnel syptoms

scorpn — Mon, 28 Apr 2008 13:37:26 GMT

In Feb 2007 while working slipped on ice and fell on left shoulder, arm, and wrist. First Orthopedic did MRI that shoulder small tear of labrum, reg x-ray of wrist showed some swelling, but nothing out of ordinary;he wanted to send to another specialist. Work Comp instead sent me to their specialist, who had a second dye-MRI done. Said maybe a tear maybe not. Wanted to try just cortisone injection and physical therapy. Shoulder better and good range of motion, did not realize he "released" me. Work Comp ready to settle gave a rating. Called handler told her still a bit painful, and not ready to settle. She states ok call if need to see doctor again and let know when ready to settle. 9 months later in Nov 2007 Shoulder, arm, and wrist become very painful again; lots of numbness and tingling. Call handler and she states oh it has been too long. I play her the phone msg she left about returning to doctor and she relents. Dr. has no clue what is causing pain, numbness and tingling. Refers me to another Dr. across the hall. She gives another cortisone injection and more PT. Shoulder feels better, but still have tingling/numbness down arm and wrist/hand. Tell her it is worse at night while sleeping and driving. She states "sounds like carpal tunnel to me" suggests wearing a brace at night. If not better to call. Work Comp sends me a letter right away stating Dr. released me and want to again settle; states carpal tunnel is not at all related to the shoulder. Confused about what to do now.

Disability Ratings?

Thoroughly Confused — Wed, 19 Mar 2008 21:00:01 GMT

I'm a 24 year old male. I underwent surgery to repair a tendon laceration and a digital nerve injury in my right little finger. I also had a laceration to my right ring finger which required stitches. Injury date was 1/18/2007.

I had 3 months of PT (physical therapy) with no real substantial setbacks and only a few minor problems

i Have stiffness and loss of flexion and extension. 2cm of flexion loss to be exact. Also, i have quite a bit of pain and a weird click in my palm where they had to make an incision to retrieve the tendon. I received a cortisone injection in my palm to reduce the clicking and pain. There is still quite a bit of pain and clicking.

I just received a copy of my medical records and final evaluation today and i am so confused.

My doctor states that i have good extension and a moderate ability to do flexion. He also says that with the cortisone injection i showed substantial improvement and that the pain has substantially decreased.

PPD of 10% of the right upper extremity at the wrist.

How many weeks i s a wrist wort?

Does this seem right?
Should i get a second opinion?
A lawyer?

Please help

Thanks