Federal Workers Comp 2nd opinion
 

Hi everyone. This is my second post, having just joined the board and finding a wealth of information. I was in a car accident while working for the government temporarily. I'm (was) a reservist for disaster relief and "on call".

Not a terrible accident, except for me. Seat belt didn't lock and I was swung violently forward, then back. Diagnosed with PCS and PTSD. The accident was in early 2008 and I've tried going back to work twice. After 21 consecutive days at 14+ hrs/day in a Texas hurricane had serious problems and was sent to ER. Tried another disaster, but for the first time in my eight years in this work had a bad performance review.

The federal workers comp, as with any WC is a nightmare. I'm now scheduled for a "2nd opinion", the first step in dropping me from any compensation. I'll se a neurologist for 45min and expect in a gross neurological exam (finger to nose, etc) he will say I can work. I'm nervous, scared, and confused.

I've had excellent treatment so far. After my own neurologist said he couldn't do anything more for me, he advised a neuropsychiatrist. His choice wasn't so good, but I found an outstanding one with impeccable credentials who has been a great help. He was the co-author of a chapter on PCS medical textbooks. He has me on Adderal, Aricept, sleep meds, anti-depressants, and anti-anxiety meds. WC won't pay for Adderal or Aricept. My neurologist had me go through two long sessions of cognitive rehab, which was extraordinarily helpful.

I was 68 at the time of injury, and in various reports was considered to have underlying cognitive risks. I had PTSD previously but was very successfully treated with EMDR therapy and had been functioning very well. I had risen within the agency with added responsibilities and responsibilities. Terrible conditions that it has, I loved the work and was good at it.

To face loosing my workers comp is, understandably, another disaster. Any suggestions from folks out there? All jobs within the agency list its work as requiring workers to work long hours under extreme physical and emotional stress.

With my cognitive issues, I just can't function in those conditions, as much as I would like to. The tack to remove me from WC seems to rest on the fact that I was "pre-disposed" to PCS, though I had no issues present.

Thanks! Willjan

willjan,

It sounds like you need some serious legal advice form a top of the line brain injury attorney. www.tbilaw.com is a good place to start. A problem you have is your age. PCS problems get much more complex as we age. Add to that the PTSD environments you work in and you have a double whammy.

The WC system has never been for the employee. It has always been for the employers protection. Thus, it is a system that is stacked against the injured worker.

If the neurologist does not do a complete MMSE (Mini Mental Status Exam, google it), you will never get any worthwhile diagnosis. You amy need to challenge him if he says he is done but has not done a MMSE. A MMSE should be started at the very beginning of your exam as it requires a delay between various steps.

A PASAT (Paced Auditory Serial Addition Test) is also a very good test of mental function even though it is very old. The PASAT is usually done by a Neuro-Psych or sometimes a generic psychologist. It is designed specifically for post concussion diagnoses. Properly done, it uses a tape (maybe CD now) recorded test. If they try to do it by reading it to you for you to answer the problems, it will be inaccurate and not fit the parameters of the research it was based on.

WC examiners are often just hired hacks who could never make it in regular practice. They often have writers who compile the reports for them from boiler plate. There is big money made in industrial medicine writing reports for insurance companies. He who pays the piper, calls the tune.

I find it very interesting that the insurance company has no limits on how much it can spend on attorneys defending itself from injured workers but the injured workers have strict limits on legal representation and the legal fees they charge.

Just remember, we have the best government money can buy.

My best to you.

Perhaps the one thing going for me is that my Neuropsychatrist is one of the people in the field. My hope, and I know the system is loaded against me, is that this will carry weight.

Mark, thanks so much for your help.

Willjan

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