Diagnosed with Occupational Asthma

Previous | Next
 rated by 0 users
Latest post 02-01-2008 3:04 AM by Raymond8. 8 replies.
  • 01-29-2008 11:32 PM

    Diagnosed with Occupational Asthma

    I was recently dianosed with occupatioal asthma from an occupational lung specialist. This ocurred over a 4 month period at an automotive plant back in November 06. At that time I knew nothing about an occup lung speclist and my primary refered me to a allergest/pulmonologist who did not take workers comp.I just went to him because of the quick method in recieving medication and care due to my situation, which was severe. I had already filed a claim with my employer but was going through private health care so i could recieve quick medical care.The pulmonoligist I had first went to finally refered me to an OLS who specailizes in Occupational diseases and he also takes workers comp patients.He wrote me up a very detailed report for my att to present to the WCB and that the disease was causly related to the plant I worked at and even identified the chemical (through my internal investigation)that gave me the asthma.

    Once this case is established at a hearing in WCB.Can the bills that the private health care co has been paying for for the last 14 months be transformed over to the companies IC for payment through WC
  • 01-30-2008 1:12 AM In reply to

    Feedback [*=*] re: Diagnosed with Occupational Asthma

    Interesting, IC vs. IC !

    Yes, I believe so. In some of my cases it happened that way but not to the the extent as you wrote of but if you filed the necessary paperwork and it was "medically necessary/emergency type situation" I can't see why the WCB would rule against the private IC. But, this is comp., so who knows, at least you didn't pay anything out of pocket; or did you? If so, you may be able to get that money back too!
    This is something for an attorney to answer.
  • 01-30-2008 8:24 AM In reply to

    re: Diagnosed with Occupational Asthma

    Yes I did pay money out of pocket.I paid a $10 co-pay with every visit and I should be able to get re-imbursed on the mileage. I have 2 other cases also from the same company.1 is a back case that has me classified as totally disabled,Im getting paid the max 400 per wk on this case.The other case is a foot case where the injury occured over a period of time..dropped arches in my foot. We had a hearing on this case and presented prima facia.The judge said it wasnt detailed enough to warrant a claim,so im having my Dr detail a history and more indepth report

    I realize you have been in the system for sometime,wondering if I can pick your brain about some settlement issues that have been brought to the table on my cases Thanks for the reply
  • 01-30-2008 3:57 PM In reply to

    Feedback [*=*] re: Diagnosed with Occupational Asthma

    Remember I am not an attorney and just a lowly injured worker like you but I can try to get an answer to you about what I have learned and experienced but as Scott would say, your attorney would be the best route for answers. I know that at times they aren't available but get to know your attorneys secretary and or paralegal, sometimes they are better equipped to have an immediate answer for you.
    But, pick away my friend!
  • 01-30-2008 11:14 PM In reply to

    Question [=?] re: Diagnosed with Occupational Asthma: hurt since 2-04

    hurt since 2-04

    Thanks hurt I appreciate your feed back. Im tired of always trying to get a hold of my attorney and waiting for him to get back & his staff is always short with answers. I want to talk to someone on my side of the playing field..a lowly IW like myself.

    Before I pick your brain. I wiil give you a backgrond on the events that have taken place during the past several months.

    Injured on the job 12-05 H disc LB, No lost time.
    July of 06 was put on a welding oven which gave me asthma. Gen Super. didnt like the fact that my Dr. had me removed off this job, so he reduced me out to another dept.This is where the back inj from 05 was reinjured/aggrevated.Went out on the back inj Jan 07 filed a claim for asthma and also filed a claim for dropped arches in both feet, which i was having problems with for several months and finally decided to file it before the deadline

    My back inj case was established March 07, foot and asthma cases were put on hold beacause I needed prima facia.My attorney kept telling me I had no case on the asthma until I could indentify the chemical. My main concern was to get paid on the back because I was out of work and the bills were piling up so my attorney concentrated on this case until furter medical evidence can be produced on the other 2.

    Sept 07 my attorney approches me with a settlement offer on the B.Inj for 145k.and sign a release from all other claims. I said NO DEAL. Finally had a date set for a hearing for my asthma Dec 07. Several weeks later my lawyer appr and tells me the IC wants to settle all 3 for 166k. I told him I would settle the BI for 166 but not the others,only because I would want to have the medical on my asthma most of all, and as you know there is no med if i settle, plus the A&F cases havent even been establihed yet and it was like 20 k for the 2 when they were going to give me 145 for just the 1 go figure.

    My offer to the IC was to settle for the back and foot and have them pay me medical for life on my asthma.The reason for this was beacuse a co-worker had just won a case in the appelate court for the same lung condition from the same welding oven.He was awarded back pay and lifetime medical.

    The reason his case went to appeal was that the WCB said he had no med evidence as to the specific chemical that caused his asthma.The appelate court said it didnt matter and reversed WCB decision. His case definetly set a precedence for mine. My Dr's narrative proves the specific chemical that caused my asthma so I figured hey, the company is not going to win this asthma case, so just pay me my medical for life and I will settle the other 2, there going to have to anyway once I establish the case and WIN it. My attorney said the IC wouldnt budge on their offer. My att was holding off on moving forward with my 1st asthma hearing to see if the IC would accept. They declined....no problem they can pay me for life now

    My att.suggested to go in front of the ALJ and have him rule that the Asthma was not work related just so I could use private Ins for my med and accept the 166 for the B&F cases.I asked him if he was working for the IC. Thats all I needed, the ALJ rules that the asthma is not related to my work then the IC backs out of the settlement and im screwed.

    Well hurt I know its long ..but I have alot of time on my hands. I told my attorney all bets are off. Since my asthma hearing was postponed because of these settlement issues, it had to be rescheduled,ill take any feedback you have from your experiences dealing with these clowns.

    My summation is simply this. If the rate of settlement for 1 case is supposedly 400x5 yrs or 6
    then my 2 serious cases should at least be worth 200k. Obviously there settlement is a low ball figure

    Thanks hurt

  • 01-31-2008 11:23 AM In reply to

    Feedback [*=*] re: Diagnosed with Occupational Asthma: hurt since 2-04

    You know what I would do, I would have a hearing and get everything spelled out on everything as being causally related, and then I would negotiate, that way you can negotiate from strength, especially if you can be classified, then you are guaranteed the $400.00 weekly benefit if found PPD. Your right about how they want to low ball you. Think about it, and this is no dis respect to anyone, but if you are hurt and been off of work, the bills have piled up and the cash flow is running out and you see an offer like this pop up and you think WOW that would be really great to take and get everything taken care of financially BUT, then you realize that you are still hurt, in need of medical care and go and get a prescription filled or see a doctor and find out how much things really cost (remember, you wont be paying as the insurance company did at the comp rate but the doctors rate, cash or check please no IC) and you realize that that $$ they offered wasn't sh*T! Why does your attorney want you take this offer; could it be the 10-15% off the top for his/her services, and knowing that you will be out of the system? Hum, if my attorney knew what you are going through and that you have a winnable case then he shouldn't even suggest a settlement without what you request, seems reasonable to me if you feel the B & F can be settled without future medical vs. no $ and keeping the asthma's medical open.
    Is special funds involved, if not then you definitely should stay the course you have plotted!
    Good luck!!
  • 01-31-2008 11:58 AM In reply to

    re: Diagnosed with Occupational Asthma: hurt since 2-04

    Hi hurt
    Im currently collecting the 400 max on my back inj and as far as being classified:How does this work?My Dr. has me totaly disabled from all gainful employment (is this the classifiaction you mention.)However, the checks im recieving(on my BI) say temp partial?..havent brought that to my att attention as of yet and that doesnt make sense that my Dr has me total and my checks say temp partial

    Yes ,the hearings have been scheduled on the A&F cases and I dont see any problems with them becoming established.Where does this PPD come into play Im at total disability right now,and you say i will be guarenteed the 400 max im believe im guarenteed now, i have been at 400 max since Jan 07.I could be getting the classifiaction from my dr confused with the classification from the WCB.Can you please clarify this issue for me.I know my att hasnt. I do believe my attorney wants his 15%and be done with the case just from some of the Sh*t that hes trying to get me to do.Im having my case reviewd by another att. Thanks hurt and get back to me my friend! I could be at 400 max because i was making more than 25 per hr
  • 02-01-2008 1:13 AM In reply to

    Feedback [*=*] re: Diagnosed with Occupational Asthma: hurt since 2-04

    Ray,

    Check out this link:

    http://www.wcb.state.ny.us/content/main/onthejob/DisabilityClass.jsp

    then this one:

    http://www.wcb.state.ny.us/content/main/hcpp/mdguide.pdf

    and if you meet these requirements after becoming MMI (medical minimum improvement)
    usually after one year but, two years after a back, you can request a hearing to see if you can be classified
    for either a PTD (permanently totally disabled) or PPD (permanently partially disabled). Also, you may
    be eligible for a SLU (a scheduled (% of) loss of use, say your foot) and that pays a monetary amount to you but keeps the medical open.
    My brain is kind of tired right now and I know that these may not of been explained as best as possible.
    Let us know if you have questions after researching the above links!
  • 02-01-2008 3:04 AM In reply to

    Ok [+0+] Thanks hurt.....I get it now

    I appreciate your time in finding this information out for me.Its something I have been trying to figure out for sometime. I'll be in touch,Thank you

Page 1 of 1 (9 items) | RSS

My Community

Community Membership New Users: Search Community