[unwell]

Hi everyone,

I am going to try to keep this short as possible. I injured my right knee on the job in Aug/2012. I filed an injury claim, was approved, took seven months to get an MRI, changed doctors over to a specialist, he managed to get an explore surgery, had that done, the doctor sewed up a slight tear in the mesa, and clean up the broken cartilage. I should note here my employer has been pretty good about working with me, they put me on a temporary assignment based off my restrictions according to my doctor. I HAVE to have after I agreed to give duty status report every 30 days. I have been working limited duty since really the beginning of the injury.
After two months and physical therapy I informed the doctor that something was still off in my knee (pain especially when isolated) sends me back to another round of therapy, which was not helping. After that on my 30 day cycle appointment he states "lets see what we can do to get you a disability check". Shock and angered that he apparently thought that was my intent (not that I wanted to able to climb a flight of stairs) I informed bluntly that my knee was not right, and as a doctor I would think he would want to know if his work was done right. Short of it I did manage to get another MRI done, but it did not show a tear so he was stating that I may have reached maximum improvement. Feeling helpless at this point and still in pain, I agreed that maybe it was time to get an impairment rating.
Well they make an appointment with a different doctor in their office, then they cancel it, stating that my CE wants a 6th edition Impairment Rating and they only do 4th edition, and that they would have to find someone who does it. So I wait....
Then 2 days before my 30 day appointment they call and tell me that my regular appt. is canceled and that the doctor doesn't want to see me until I have the Impairment Rating done. I explain to the horrid woman that I have been waiting for a call from them with the new appointment, and she states that I will have to call my CE to get a doctor who does 6th edition.
I don't know all the in and outs here, so I say okay, but I still have to see the doctor to get my duty status filled out, that I am required to have it (they all know this). Short of it my appointment is cancelled, I have no supporting documentation.
So I call my CE, she gets back me. She informs me normally the doctor refers the patient, but its no mandatory to do so. She gives me my options, find a new doctor, find someone myself who does 6th edition, or file a C 1 and go on leave with out pay and wait for her to set it up.
The impairment rating it sounded like was requested by my doctor not the OWCP. Which is fine, but having it or an appointment for it does not relieve me of the NEED to have the duty status report filled out.
Of course I am angry and frustrated, I haven't been able to get a new doctor (the most honest response was why would we want to take on a 2 year old injury case who has already had surgery and is at the point of an impairment rating?) I have found doctors offices willing to do the impairment rating, but I will have to referred to them. No one wants to talk to the patient! I have tried groveling, to get my doctor office to talk to me but no one will call me back.
Its been almost 2 weeks since the duty status report was due. I have been informed that I cannot go to the accommodating post my employer specially set up with out it.
As of yet I have not been denied anything.
I am not sure really what to do. My doctor hasn't officially dropped me (but that is what it seems) and even if I do follow the CE instruction and file C 1 and go on leave with out pay, don't I still have to have a doctor to provide documentation in order for OWCP to pick up paying me between now and the impairment rating? I mean I have bills and have to eat and such, which is why I have been suffering through the daily temporary assignment.
Help please.

[Suzan13]

The thing that I'm missing is were you originally hurt at work.

If so it should have always been Workmen's Comp.

I'm sorry I don't have any answers, this is all new to me.
But some knowledgeable people will be around, I'm sure soon.

Suzan

[unwell]

Thanks for responding. Yes, I was injured at work. The only payment I have received from Workers Comp was in connection of my aeorocospy (cannot spell the explore surgery) I had to go on leave with out pay and they did pay me back for that.

I am out of time so I took my Case Examiners advise and went on leave with out pay...hopefully they will pick up paying me? I dunno.
I am cold calling trying to get a doctor to see me to get my duty status paperwork filled out or an appointment for the impairment rating.
Darn doctor shouldn't be allowed to do this, their outa be some sort of recourse for the injured worker. Leave me hanging like this, its flat out unprofessional, unethical, and just flat out wrong. arghhhhhhhhh

[lefthanded]

Your claims examiner won't help you with the IME? That is odd. What state are you in? That might make a difference in what a claims person can do and not do. And were you paid your full wages while working modified duty? If not, you are usually owed partial disability payments.

Do you have an attorney? If so, they should be helping you with this. And if not, it might be advantageous to use one to get resolution of your issues.

[unwell]

Originally Posted by lefthanded

Your claims examiner won't help you with the IME? That is odd. What state are you in? That might make a difference in what a claims person can do and not do. And were you paid your full wages while working modified duty? If not, you are usually owed partial disability payments.

Do you have an attorney? If so, they should be helping you with this. And if not, it might be advantageous to use one to get resolution of your issues.

Hi LeftHanded.

I am in Texas. My case is a Federal Workers Comp through the Dept of Labor.
My employer has worked with me and I have been on a light duty post (with restrictions) since the injury, and I have received normal pay for working that post full time.
The only time I didn't was when I have surgery on my injured knee, I went on leave with out pay and workers comp came in and paid me back for the recovery time I was out. When I came back, I resumed the light duty post.
I am required by my job to have a duty status filled out every 30 days. So I see my doctor he fills it out. My knee is till not right, I am in pain when I step on it, I have been telling this to doctor since two months after the surgery, trying to get him to do something to fix it. Well in April he states that he thinks the knee has reached MMI and that it time to get an impairment rating. Its not what I want but I know that everything is coming to a head, I say okay.
To shorten this, they make an appointment for the impairment rating, then cancel it because my CE kicked the order back because it was for a 4th ed. and she has to a 6th. edition according to policy.
Then my doctor cancels my regular appointment and I tell them I still have to have my duty status paperwork filled out, well...its apparent they don't care.
So I call my CE at owcp, she told me my options, go on leave with out pay because I do have the paperwork to keep in the light duty post and YES eventually the owcp will order an impairment rating. Or I could find a doctor who does 6th edition myself, she also told me I could change doctors.
The problem isn't the impairment rating, it is getting the duty status report that allows me to stay on light duty while the rest of this hashed out.
I have been trying to get another wc doctor to take me, I haven't found anyone who will yet, due to how long since the injury.

I stand to lose my job (maybe that's meant to happen) I am five years from retirement. Honestly if I thought I could tough it out I would say screw it and go back on full duty. I cannot effectively climb a flight of stairs walk a short distance (let alone run), since the surgery and its getting worse, when the weather has pressure it the air, I have to grab onto furniture to make across my home. I am in pain, I am not being treated, I have been given nothing for the pain. My job has actually be very patient and accommodating but they have to paperwork to back me up. I am so frustrated.

So after numerous phone calls (nearly begging) and numerous phone calls not be returned to me. I went on leave with out pay starting today, and yeah the owcp will do something because they are not going to want to pay me, nor is a guarantee that they will pay. My job said, if I get the documentation I can go back to my light duty post off LWOP.

I know its end game so to speak, but if I can get better by medically doing something I want to do that so I can keep my job. If I have to disability retire...well I just don't see how they can say I am at MMI, I am a realist I don't expect to be able to run a marathon, but I do expect my own doctor to listen to me and do something, and I certainly expect him to see this through.

[unwell]

Originally Posted by unwell

Hi LeftHanded.

I am in Texas. My case is a Federal Workers Comp through the Dept of Labor.
My employer has worked with me and I have been on a light duty post (with restrictions) since the injury, and I have received normal pay for working that post full time.
The only time I didn't was when I have surgery on my injured knee, I went on leave with out pay and workers comp came in and paid me back for the recovery time I was out. When I came back, I resumed the light duty post.
I am required by my job to have a duty status filled out every 30 days. So I see my doctor he fills it out. My knee is till not right, I am in pain when I step on it, I have been telling this to doctor since two months after the surgery, trying to get him to do something to fix it. Well in April he states that he thinks the knee has reached MMI and that it time to get an impairment rating. Its not what I want but I know that everything is coming to a head, I say okay.
To shorten this, they make an appointment for the impairment rating, then cancel it because my CE kicked the order back because it was for a 4th ed. and she has to a 6th. edition according to policy.
Then my doctor cancels my regular appointment and I tell them I still have to have my duty status paperwork filled out, well...its apparent they don't care.
So I call my CE at owcp, she told me my options, go on leave with out pay because I do have the paperwork to keep in the light duty post and YES eventually the owcp will order an impairment rating. Or I could find a doctor who does 6th edition myself, she also told me I could change doctors.
The problem isn't the impairment rating, it is getting the duty status report that allows me to stay on light duty while the rest of this hashed out.
I have been trying to get another wc doctor to take me, I haven't found anyone who will yet, due to how long since the injury.

I stand to lose my job (maybe that's meant to happen) I am five years from retirement. Honestly if I thought I could tough it out I would say screw it and go back on full duty. I cannot effectively climb a flight of stairs walk a short distance (let alone run), since the surgery and its getting worse, when the weather has pressure it the air, I have to grab onto furniture to make across my home. I am in pain, I am not being treated, I have been given nothing for the pain. My job has actually be very patient and accommodating but they have to paperwork to back me up. I am so frustrated.

So after numerous phone calls (nearly begging) and numerous phone calls not be returned to me. I went on leave with out pay starting today, and yeah the owcp will do something because they are not going to want to pay me, nor is a guarantee that they will pay. My job said, if I get the documentation I can go back to my light duty post off LWOP.

I know its end game so to speak, but if I can get better by medically doing something I want to do that so I can keep my job. If I have to disability retire...well I just don't see how they can say I am at MMI, I am a realist I don't expect to be able to run a marathon, but I do expect my own doctor to listen to me and do something, and I certainly expect him to see this through.

Opps forgot to say, I do not have an attorney as yet. I am thinking about getting one. But the thing is I haven't been denied anything as yet, the only major issue is with my doctor not filling out my paperwork, and massive consequences stemming from that.

[Jomar]

I would go talk/interview with some work comp attys, ask many questions- sometimes you can get a bit of information from them.
Maybe make a list of main issues you are having so all point are touched on..

Logically it seems like a second opinion is needed to find out if the injury is the best it will get or if something else can be done..but doing that "in the system" is a bit tricky sometimes..

I don't know the rules on changing/seeing other drs in this situation.
I was told a 1 time evaluation appt was acceptable (Oregon -2004), but you'd want to be sure this one is an expert in the field.


Read on the Fed WC site to learn as much as you can about that system..

[unwell]

ARGHHHHHHHHHH

So frustrated I am in tears. I am suppose to be big and tough.
Another day of no's, we do not accept cases over 6 months old.
Inquires as to why I "the patient" is calling? You need to get your doctor to refer you. Well the doctor office is not returning my calls.

I am going to have to provide medical documentation regardless of my job status, the impairment rating, my knee hurts, my head hurts, and soon to be broke. How can I provide documentation if I can't get a doctor to see me?

This shouldn't be allowed to happen.

I placed a call to my CE, awaiting her call back. But afraid she is just going to look out for the owcp's interest and not their client. Thinking about contacting my congressman but not sure they can really "do" anything.

[Suzan13]

Originally Posted by unwell

ARGHHHHHHHHHH

So frustrated I am in tears. I am suppose to be big and tough.
Another day of no's, we do not accept cases over 6 months old.
Inquires as to why I "the patient" is calling? You need to get your doctor to refer you. Well the doctor office is not returning my calls.

I am going to have to provide medical documentation regardless of my job status, the impairment rating, my knee hurts, my head hurts, and soon to be broke. How can I provide documentation if I can't get a doctor to see me?

This shouldn't be allowed to happen.

I placed a call to my CE, awaiting her call back. But afraid she is just going to look out for the owcp's interest and not their client. Thinking about contacting my congressman but not sure they can really "do" anything.

Sorry, to see this. Hope tomorrow is better.