Work comp...help!!
 

Work comp is giving me the worst time with this CRPS. I'm ready to pull my hair out, I can't take anymore. I had 3 doctors diagnose with me with CRPS...which I had no clue what it even was. WC sent me to one of their docs who didn't believe in RSD and he's pretty much saying I'm faking the pain. I'm only 27 this is and has ruined my life...I'm so ******. I was a welder and I loved my job and being outside..now all I do is sit here and watch TV. IM TIRED OF TV!!!!!! I ended up doing a 3 week intensive mental health program..just got done with that and I was starting to feel better until today. The United states department of labor is taking my side but WC is still being horrible and won't help me...they want it to go to trial. My lawyer says their trying to make me desperate. My lawyer says they don't see enough changes yet..like my nails falling off. What??? My nails are going to fall off? I just want to go back to work and be done with this nightmare.

Katie,
I'm sorry i don't know about WC but am dealing with S.S. disability.
I know how you feel. I'm older at 54 but have worked all my life except
for maternity leaves. I LOVED MY JOB (REALLY)!

If anyone would have told me I'd be in this frustrating place I'd never believe it.
Yes, I was dx'd w/ no doubt by 3 Dr.s & was then treated so badly
by S.S. Dr. I had to be seen by. He was so arrogant but clearly had no clue.

So, yes I'm further down this road, but it's not over.
I was so very aggressive in the beginning to "beat this" quickly & move on.
Some progress came, but then had to come to grips (bad pun) that it's not going away. GRIEVING :Sob: over my job. Now feeling lost.
:hug:

Try to not let the comp ins system get to you, it how they operate..
The tricky part is proving that the CRPS happened due to the initial work injury.

The IME/WC docs are more or less paid by the work comp insurers so they aren't truly impartial.
:(

We have a workers comp forum, it isn't real active but still has past posts to search & the useful sticky threads to look thru..
http://neurotalk.psychcentral.com/forum30.html

If you still talk with co workers /bosses or HR.. (from sticky thread )
[My advice that I wish I could go back and do over - Do not tell your supervisor\manager ANYTHING concerning your injurie(s). Only provide work notes from doctor that is it!!!! I actually thought the questions my manager kept asking me were out of concern.
&
HR departments are nothing more that mouth pieces for the corporation they serve]

http://neurotalk.psychcentral.com/thread124924.html

I went through the same thing. IME docs that WC sends you too will usually either say you are faking the pain or exaggerating it...it's what they do. Very sad...but it's the reality of it. The fact that you have 3 docs who have diagnosed you with it is a very good thing though. And the WC judges know how the IME docs work as well...so it's unlikely that they will favor the opinion of the WC doc over 3 other docs.

Your attorney is right that WC is trying to just make you desperate. They want you to either take a settlement (for way less than you deserve) or even get so frustrated that you just say forget it all together. I've seen so many people do just that and end up with nothing because they just couldn't take the stress, pain, lack of treatment, etc that WC was piling on them. That's why they do it.

Just hang in there and don't let them bully you or push you into doing something you know you shouldn't. If they want a trial...fine. But if they try to stop providing treatment you need to get your lawyer in there for a hearing ASAP so the judge can order them to pay for/approve treatment. And if WC continues to blatantly not approve treatments and such without good reason, the judge can impose lots of fines and stuff on them. They will push it to the edge to see what they can get away with...but they will buckle in the end.

Take care and (as hard as it is) try not to stress out too much about it. YOU need to focus on your health (both physical and mental) and let the lawyers deal with the WC stuff.

My claim was Repetitive strain injury, and after the wc denied it per IME, my atty wrote a letter to my PT & drs saying some thing to the effect that my case is ongoing and the treatment can still be provided and bills were put on hold until the hearing/close of claim.
I did have to provide a secondary ins , just in case, but is was not billed.

Everything billable was put on hold & I still got my PT and drs appts.
That was in Oregon and 2003-2005 so it may depend on state & situations..things may be different now..


Oh and it went to hearing , but they asked to negotiate right before the hearing..my atty had blown a disk & was in pain, so wasn't feeling up for a fight, and he said I might be better off taking the settlement.. plus I felt some errors were made by his office, they deposed the wrong dr, not the one that had been seeing me for the whole time..so I took the settlement..

I ended up taking a settlement too...for similar reasons...but the biggest one was lack of confidence in my attorney at a certain point. Even with that...I settled on MY terms, got about $20K more than my attorney was pushing me to settle for (any wonder why I lacked confidence in him...good thing my stubbornness got him an extra $4K...), and got the peace of mind for MYSELF that it was over.

That said...my situation was not the same as other people's and I would never encourage anyone to take a settlement with CRPS. I chose to get off of all meds and no longer see a pain specialist because I don't feel there's anything they can offer me at this point given the choices I have made regarding my own treatment. Ongoing medical bills, inability to work, lack of insurance...these are all very good reasons NOT to settle...at least not any time soon.

We all have to make our own decisions about what is right for us when it comes to taking a settlement...but the key really is not to let anyone (whether WC or your own attorney) bully you into it and you should never make the decision out of desperation (THAT is what WC is going for). It's a really hard thing to do and you need a good support system...people you can trust to bounce your thought off of who can help you weigh the risks/benefits of taking a settlement and for what amount.

WC hasn't paid anything since December...they've been so horrible. It's just been such a mess. We had a phone conference last week with my, my lawyer, WC lawyer, and the US department of labor and the department of labor took my side on things but my lawyer said unfortunately that won't make WC pay. He said we'll end up going to trial. The US department of labor wrote a letter saying they should be paying me and paying for my medical stuff but that pretty much means nothing to WC.

Can I ask why you went through the Department of Labor? Usually it's a state WC commission. THEY are the ones that can order and force WC to pay or impose heavy penalties for them not paying. I know the laws in every state are different but there are ways to get expedited hearings in these situations. I HIGHLY encourage you to do some research online regarding the laws in your particular state...started with the state WC commission website. It can be tedious reading...but I learned a lot from it about my rights.

Also...if you feel (after your research) that your attorney is not doing enough for you...switch. You will not get more taken out from any awards/settlements as there is a TOTAL cap on what attorneys can take from a settlement and you will end up with the same % either...but with a better attorney that might not only be more money...but timely treatment and payment of bills as well.

So sorry you are in this situation...it is all too common and very depressing. Unfortunately...I've seen the other side too where people make ridiculous and false claims just so they don't have to work or to get a quick payout (WC will settle something they know is a false claim or weak case very quickly for a small amount of money just to make it go away). So much corruption on both sides and the ONLY ones who suffer are the ones who need the help most...the ones with serious injuries that need treatment. Sad to say...but it is what it is so we just have to protect ourselves, learn to stand up for our rights (and know what those rights are), and hope we aren't completely destroyed in the process.

I also wanted to note that if you do go to trial, the findings of the department of labor will likely help your case...and if it's appealed and ends up in a circuit court outside of the WC commission...even more likely that will help your case. But I sincerely hope it doesn't even have to go that far as you could be looking at YEARS and YEARS of WC not paying anything. Been THERE and that also sucks and is another reason why I ended up taking a settlement.

My case is complicated because it's a Longshore men's case because I was on the river when injured

How to manage work comp
 

Katie I believe you need to emphasis to work comp that you need another exam by a neurologist who specializes in CRPS. Stress to them the level of pain that your in and tell them directly but nicely that you want to see a neuro doc when being evaluated for this disorder. That a foot doctor is not a neuro doc. Also document document document everyday how your life is. Keep all records from the docs. Build your case so it can't be denied unless their blind which in that case find out specifically why they stated you were ineligible then address those issues head on. And no most people don't loose their nails. Have you ever heard of Dr. Swartzman? He is a brilliant doctor in Philadelphia you might want to go see.

I so totally understand that workers comp doctors do not tell the truth. I am fighting it myself. I lost my job due to a workers comp doctor saying I could go back to work full duty. Went back to work and got fired because when you are a bus driver and your rsd is in your right leg the two do not mix. Wish I had answers for you. Find an attorney that understands RSD is my best suggestion. I am currently searching for a new attorney. I know it is frustrating. Hang in there. It will get better.

Hi Katie,
I feel for you girl.
I was an O/O over the road trucker and really miss my truck, job and just the freedom of being independent.
It sure can be frustrating to seem all is lost of your former life and now being stuck dealing with this monster. The last thing I ever expected was ending up in a wheelchair and taking meds all day.
Remember this! It's not how you got knocked down that's important, it's how you get up!
It also helps knowing that someone is always here to listen and maybe help so vent away...:hug:

The other part of the WC issues is even if you have a dx of injury, you still have to pretty much prove it was caused by the job or on the job.. or it was caused by the initial injury..
That is what makes it so hard to prove a claim..:(

If you are 100% fine and healthy , then get injured on the job, then later on develop RSD or some other condition related to the injury- that is a bit clearer time line wise...

If you had some health problems before it muddies the water so they (WC) can try to blame other issues for the worsening..:(


Perhaps you can file for SSDI now too.. if WC doesn't work out you'll have a jump on the SSDI side.. You can ask more about that option on our SSDI forum.
Or maybe your atty will have some info about that..

You don't have to settle for crap doctors
 

Guess what? I went through the EXACT same thing with workers comp. Still going through it to some extent, but here is what I found out (and what no one tells you). If they send you to some a**hole that does not believe you (mine accused me of putting my foot in a bucket of ice before my appointment. Nevermind it was 90 out, we drove 80 minutes to get there, sat in his waiting room for 25 minutes, and he watched my foot change colors in front of his eyes) - he also threatened to throw my husband and I out of his office for being offended at his accusations and treatment of me. Twice. A real charmer. He then went on to say he would not prescribe pain medication for me, but he would perform the spinal injections. What? So my new pain management doctor REFUSES to handle my pain? Huh?

Here's what no one tells you - when you speak with WC, insist on another doctor. Tell them why. Make SURE you have an attorney, and that they know you do! I did this, WC called me back and said "we are going to send a nurse with you to your next appointment". I said "no, you're not. You do not seem to understand. This man is not TOUCHING me." And voila - new doctor. And suddenly, after telling me there was NO doctor in my area that handles RSD (hence the 80 minute drive, and I live near NYC) - they found one that is 15 minutes from my house. And this one is amazing!

So stick to your guns - this is YOUR body. Remember, WC works for your employer - they are interested in saving them money and avoiding lawsuits. And CRPS is SERIOUS. So a good attorney will have them wetting their pants.

Oh, BTW - I never heard of nails falling off. But not treated long enough, a lot of ugly things happen.

They are trying to make you give up, by the way. That is part of the game. Do NOT give in - fight for yourself. Again, this is your body and this will effect the rest of your life.

Stay strong, hang tough, and stay connected.

Pix

Sadly, it seems Dr. Swartman retired last year - As soon as I saw this post I looked him up because Philly is not so far from me! I just wanted to throw that out there in case you didn't know......

Hugs,

Pix

I'm deeply sorry ,beside rsd, wc is the worse thing we can face.
I'm also a rsd patient as a result of a job injury , I recently went to court ,three times ,the AME gave me a disability percent no too low but wasn't enough for me to claim medical benefits for life ,but my dr and my attorney battle and when we went to court ,the judge immediately disagree with the defense and grant me with more percent of disability and also medical life term for my foot and ankle and rsd as well, I got what I need ,medical coverage for life ,nothing is more important than fight and keep fighting for what is right and what is fair for you,keep the fight ,no matter what the attorney or defense said ,you are the only one who can define and decide what's best.
AME are many times agree with the insurance but sure if you Appel to the wc board you will get something at your favor ,keep the fight ,:grouphug:
Hope soon things get better and have faith and hope ,it can change for good ,I'm sure ,Jesika .
You need to be strong and be very demanding ,might sound bad but there is not other way but be aggressive and defend yourself ,change dr make your attorney look for other options ,you can do it!!!:grouphug: