[KatieHay]

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.

[AZ-Di]

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 over my job. Now feeling lost.

[Jomar]

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

[catra121]

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.

[Jomar]

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..

[catra121]

Originally Posted by Jo*mar

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.

[KatieHay]

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.

[catra121]

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.

[catra121]

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.

[KatieHay]

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