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Old 05-08-2015, 09:53 AM
LIT LOVE LIT LOVE is offline
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Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
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Quote:
Originally Posted by lyndianne View Post
Jo Mar...yes on job injuries. It's rather complicated Lit Love and thanks for replying. I own a home in Oregon and would go the Bay area to teach during the school year. I had planned to travel and teach in different states. I came back home after being declared permanent and stationary and half dead from trying to teach a very difficult special education class while head injured. If I had stayed in the bay area I would have become homeless.

Honestly I thought once I got home and rested I would be able to work in Oregon. I thought some of my problems were due to stress. My problems did not resolve. I did apply for SSDI and got approved immediately. Medicare is paying without a whimper, probably because Oregon refuses to take California work comp cases and I have not yet received any medical settlement. My neuropysch report states I can never teach again.

So there lies my question.....should my lawyer be using the information from my Oregon doctors to obtain a fairer disability rating? For example, I was recently diagnosed with ADD from my brain injuries. I graduated grad school with a 4.1 GPA one year prior to my first injury so it's obviously not a prior condition. My lawyer is not sending this info on to anyone, nor does she seem to have any interest in it. Is that how it rolls in California?
If you're P&S than your attorney needs to set up either a QME oe an AME appointment in CA and get you a final rating. It shouldn't require more than a day's testing. If you're claiming there are issues that are not included in your claim at the time you were deemed P&S, than that's a problem--by not continuing in CA, it will not help. Did you exhaust your TTD payments (24 months I believe)?

There are WC rules and regs in place to protect you and your former employer. I doubt any medical evidence you produce from OR will be help you.

I would suggest sending a certified letter to your attorney with any of your concerns and let her know you can return to the state for a QME or an AME.

Just because Medicare hasn't figured out that they shouldn't be paying for your WC related injury, doesn't mean that they should, or that it won't become an issue when or if they figure it out.

http://www.medicare.gov/supplement-o...-payments.html
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"Thanks for this!" says:
lyndianne (05-08-2015)