Ah, the nightmare continues. Received a letter today informing me that an attorney has been obtained by my employer, listing me as a plaintiff. What does this mean? I am currently in process of QME deciding whether injury continues to be work related(or due to my MS) I am on temp. disability now. I don't have an attorney. I did try to contact one months ago, but the clerk said unless it's proven to be work related then i couldn't retain them. Any advice you can give would be most appreciated!!

Thanks, Diana

A lot of WC attorneys don't take money up front.....they get paid when you get paid. I'm guessing that is why you got the response that you did......if yours turns out not to be deemed a WC injury, the lawyer doesn't get paid.

I don't know if it will come to hiring a regular, "pay as you go" type lawyer....I think that could be really expensive really quickly. I'd keep trying WC lawyers and request a meeting with the lawyer.....then you can explain your case and why you believe it to be WC not your MS. You can also ask if they could refer you to a lawyer who would be interested in your case.

I think if you believe it is work related you are the one than needs to file the wc claim. But if you go & interview with a few work comp attys they should be able to advise if it a worthy case/claim to make and if so they should help you with paperwork and filing.

but they would only do that if they feel you have a case and after you choose one and sign a "contract" with them .

Make this choice carefully as to who you feel would represent you the best - sometimes they will make everything sound very nice to get you to sign with them.. but then they blow you off and do not help you with follow up thru the wc process.
some tend to wait until the easy money looks like it is on the way
avoid this type

if you have any drs papers stating why or why not sx could be work related vs ms take those with you..

I am soooo tired of dealing with this. What will happen if I just don't get an attorney. I would just give up on the whole process but I know that's exactly what they want me to do. Thanks for your replys.

Take care, Diana

I know the process is very draining.
One way to decide is make a list of pros & cons to help you decide what is best for you & your future.
For me making a list helps to sort it out in my mind.

Did you go to the QME already?
When you go ask for a copy of the report to be sent to you or if you already had the appt call and ask for a copy.

don't be surprised if the report totally blames it all on the MS..
The QME , also called IME in some places is a dr that is for the wc carrier & employer, they rarely are there to help you or your case.
That is why you need to talk with some wc attys.

if you feel it is work related you need to find an attorney right away. don't wait around. you should have one already hon. good luck. what is your injury?

MY injury was a cervical strain with slight disc bulges in the cervical spine which happened assisting moving a patient at a hospital. With required modified duty of office work new symptoms arrived, and my diagnosis currently is occipital nerve entrapment syndrome and trigger points of the neck and back. The result of this is burning pain/headaches over the top of my head and head pain with any resisted arm movements(like lifting groceries, etc)

To complicate matters, I also have MS, which has been stable the last 3 years, but worker's comp wants to blame my symptoms on that. Even though my neurologist states that it's not the MS. So I'm in process of a QME review, and since I got the letter stating they retained an attorney, i guess they'll try to fight his decision if he states it is work related.

Anyway, that's it it a nutshell. Thanks for all the replys. I feel like putting my head in the sand like an ostrich and hope it all goes away, but obviously that's no solution.

Take care , Diana

Diana, they absolutely want you to give up - it's a numbers game.

I see you're in Norcal; so am I.

I didn't have to have anyone saying it was work-related PROVED in order to get an attorney; I did have one office decline to take the case (I think there may be issues with a statute of limitations, since the injury was in 2000, and I was looking for a lawyer in 2007).

Since I was having neuro symptoms, for my QME I requested a consult with a neurologist. He agreed there were potential issues, and advised the company to AT LEAST complete an MRI. The MRI showed significant issues from C2-C7 for me, including a BIG BONE SPUR pressing into the spinal cord.

Then my WC doc reassigned me to an ortho surgeon, and I went shopping for an attorney.

Happily, their ortho surgeon immediately assessed my issues as 90% work-related; I'm sure that helped persuade the lawyer to take the case.

Since then, I've seen another ortho surgeon, as well as a neurosurgeon. All agree that surgery is the only option.

So, 18 months after I retained the lawyer, I just got the approval for the surgery, using the neurosurgeon I prefer.

I'm sure court is still in my future, but it's the reason I got into the fight in the first place: IF I GO AWAY, I HAVE A PRE-EXISTING CONDITION. My ability to get healthcare coverage for ANYTHING related to RSIs, my neck, my spine, and my arms is now compromised for the REST OF MY LIFE.

So yes - it's worth fighting.

If you're in the SF Bay Area, PM me - my attorney has been terrific thus far, and I'm happy to refer him...

Good luck!

Sandi

Diana - Hi there!! Quick question from a girl in Ohio with the same neck condition. Exactly what kind of surgery was recommended for your bone spur condition? Thanks! Susan Diamond

Susan, I was replying to Diana - I have the bone spur, not Diana.

Actually, I HAD the spur - it was removed via surgery on 12-2-08.

I had a spinal fusion of C5-C6, a plate, screws, cadaver bone, removal of the bone spur, and an "aggressive widening of the spinal canal."

It was the right choice. Although I still have issues with some numbness and tingling, the grip function is better, the pain is better, and I no longer have a potentially paralytic spur compressing the spinal cord.

The recuperation was hard - 9 weeks off work, and I still have weight and lifting limitations (until 6 mos post-surgery). The pain - not as bad as I feared.

Sandi