Workmans comp's incompetence
 

I was reading the thread anxiety or PCS. I was referred to the anxiety clinic about six weeks ago. I've been waiting and waiting for an appointment. Finally the clinic called back and said that workman's comp. wont pay for it.

I called my attorney and the paralegal said, "well you've had anxiety in the past and they may want those records". I told her no way. My "anxiety" per se was post traumatic stress from my childhood and has nothing to do with what I'm experiencing today. There is personal items in my records and is none of their business. I have resolved those "childhood" issues.

This anxiety is different. I went from a carefree individual. Rode my quad, did flips in my back yard. Was going to sky dive for my birthday. Training for the warrior dash and was nick named "Mario Andretti" because of my driving. Now I'm so freaked out that if I hear a loud noise near my head...I jump. No more back flips (for obvious reasons) No sky diving I would pee myself and have a meltdown for sure. I sit in the passenger's seat with white knuckles if my husband gets to close to a car. If I'm driving next to a car I fear it moving into my lane..and a truck OMG!!!!!!!!!

So she is going to fight it with another hearing. I finally broke down and let my Neuro give me Clonazapam (sp). to take at night.

I wish I could sue Workman's Comp. they do nothing but hinder my recovery. I have to stress and deal with the bull. I've been living with this anxiety and of course situational depression and I would like to get over them if I can.

I'm sure you've all had experiences like mine but it boggles my mind that some nurse somewhere sitting in an office reading my records can say they know what is best for me, especially when a practicing MD says otherwise. Maybe the laws need to be revamped...... maybe less people would have to get on SSI disability if they get the proper treatment quickly.

Unfortunately, Wok Comp is designed to protect the employer. It never has been for the employee's needs. Concussion can lead to large settlements so they defend claims vigorously. I was totally denied.

I doubt an anxiety clinic would be right for you anyway. You need someone with better understanding of anxiety from PCS. Just throwing some Klonopin (clonazapam) at your anxiety is reckless in my book. You may need a psychiatrist to prescribe an SSRI and follow your response to it.

Pre-existing or historic conditions make WC tough. Your attorney needs to show how you current condition is related to the injury. A pre-existing condition that is being successfully managed should not get in the way when your current condition is triggered by your work injury.

Does your attorney really understand mTBI/concussion? There are some good resources at www.tbilaw.com that she may want to check out. Attorney Gordon Johnson has a few different web addresses that lead to a wealth of information. Another is www.subtlebraininjury.com It is focused on concussion.

Hope you can break through the WC roadblock. Good luck.

My best to you.

wc will try to bring up questions about the possible "injury" being from the off work activities too.
even if you have eye witness to the injury happening at work - the info about your hobbies & personal activities will bring up questions...:(

sorry but it's the way they play the game:(

IMO- You'll need a very strong and experienced atty to fight with the preexisting stuff and the hobbies/activities involved.

explore our wc forum for tips and more info on that side of it.

best of luck to you..:grouphug:

I told my attorney I will NOT ok them to review past medical documents prior to my injury. The reason for this is simply there is information in there regarding my children as well. They're health issues and I work in the health care industry and I feel it is none of there business.

My attorney fully understood this and my rights. He contancted the other attorney and the request has now been approved without a hearing.

I do have an appointment coming up now. The only reason I agreed to start the medication is because it was in combination with cognitive therapy. I agree meds without a plan is reckless.

Thanks you all for responding. I hope today is a good day for all.

Hi Crystal,

I noticed you are from Connecticut too!!! I live in Middletown..and I feel your pain, literally. I'm in the middle of a tug-of-war with WC as well. I have a wonderful Atty. who understands what I'm going through, always takes and/or returns my phonecalls...and allows me to speak my mind/feelings. I am also in the healthcare industry and have alot of experience in obtaining authorizations..which has been a HUGE hurdle for me. I have just started neuropsych testing, which has been put on hold (because the insurance co has REFUSED to put authorization in writing for the MD and he's afraid that verbal auth. won't be enough) until after January 1st. I was injured 7-10 and have not gotten ANY treatment as of this point. It's sickening. I've spent the past 16 years as an RN advocating for everyone, and here I am..I feel that eventually things will fall in to their perspective places...my faith is all I have left...:/

<My attorney fully understood this and my rights. He contancted the other attorney and the request has now been approved without a hearing. >

This does not make sense. Did your attorney even argue against it strongly?

Are you getting copies of the communications and WC filings? I suggest you demand such copies. It will put both attorneys on the record.

You should be allowed to redact the medical records to remove any irrelevant information, especially if it involves your children. HIPAA should give you this right.

In fact, you should be able to redact any medical records that pertain to health issues that do not concern the brain and memory and cognitive functions.

Good luck with this.

My best to you.

Mark it never got to that point. My attorney called them and told them we are having an emergency hearing and they didn't pursue it. All I know is when I signed authorizations and it was for treatment from the date of the accident and nothing sooner so If they get some records preaccident date It will inadmissable and against HIPPA violations. I would definitely pursue that.

Julie,

wow small world isn't it? It's amazing how we spend our lives helping others yet when it comes to us needing it we fight the system hand over foot. I too am familiar with the authorizations and bullcrap we have to do for our patients and I get so mad that insurance companies determine wether or not the ordering MD's are able to do tests they feel the patients need. gggrrrr...
I grew up in Cromwell so I'm very familiar with Middletown...Im what you would call a "river rat". I grew up on the river..lol..

Crystal,

I live on the Cromwell side of Middletown lol!!! YES, it is a small world!!!
My email is jcesare444@hotmail.com. I would love to keep in touch!!