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WC discontinuance letter arrived
I received a letter today from WC stating that I am able to work at a light, sedentary job, with minimal walking and no stair climbing. I am far better than I was, but I have no stamina. None, zero, zilch. After the gym I am exhausted and if I try to do more I flare. I cannot imagine what job I could possibly do and how I could do it when I am chronically exhausted. It's not that I don't want to, I know I cannot.
I had to hire someone to help me get my home ready for my daughter's wedding, because I literally cannot do more than one or two things a day and when I push myself beyond my limits I flare. This woman arrived unexpectedly in the mid afternoon one day and I would not have awakened to answer the door if the phone had not been ringing simultaneously to the door bell. Please let me know how you would handle this situation, I would appreciate any advice. |
Is this the first denial letter , or after a hearing letter?
Does WC accept that RSD was brought on my a work related injury? Do you have an atty for your wc claim , and a very good dr for ongoing care & for reports and such, on your side? Both are pretty much needed for complicated claims.. We have e a WC forum, it isn't very active, but the sticky thread and searchable past posts still have a lot of info on how to appeal a denial. |
WC rules differs from state to state, so it gets complicated.
How long have you had CRPS? Have you applied for SSDI yet? Is your WC doc have an opinion on your ability to work? Have you been offered Vocational Counseling? Do you have a WC attorney? |
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Yes, my injury is accepted as work related. No, attorney. Thank you, I did post over there, too. |
Do you not have enough work credits for SSDI? Having a SSDI approval can help with your WC claim.
You probably need to hire a WC attorney. |
After rereading your posts I realized WC is simply stating what your own doctor is. Is your employer still holding your job? Will they allow you to attempt to return part time? Attempting to do so slowly is not a horrible idea. If you can't manage, then you discuss with your doc why. Another option is to undergo a Functional Capacity Evaluation.
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Get an attorney now. This is a difficult disease to argue inability to work, because WC will try to argue just based on the injury to the limb and not any of the other factors. Remember a lawyer costs you nothing up front, no matter what state you are in, they only get a percentage of your payout from WC in the end, and they are always worth it in the big cases because of what they are able to get you in terms of better care, larger settlements etc.
If you were injured at work, they cannot legally terminate you. They can only put you on medical leave. Because if you are able to return to work in any function they must either give you a position that fits your restrictions, or state that they are unable to, which then puts you back onto disability until you can go to the whole vocational thing. But in your situation with the fatigue you also need your dr arguing for you that you do not have the staminia. PLEASE get a lawyer ASAP> |
It may be a state by state thing, the holding a job opening.
I was on medical leave for a year due to my chronic RSI injury, but after 12 months and I still couldn't return to work ( we did do a "test" and I only made it 3 weeks before pain /symptoms returned) .. I was terminated.. Most employers cannot hold or make a job to fit our imitations, for an unlimited time.. Take time to search out a really good atty, some just go thru the motions to get any % of payout..:( |
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