Hi Sandel! I too want to say how very sorry I am! even with your doc's saying this(3) of them.. they still say;"it's not compensable?? Yes they are "DUMB PEOPLE"! again, Sandel.. I am sorry!! prayers on the way hun and loads of (((((Hugs))))) Sandel Love ya!! Love, Desi

Thanks Desi--well, you know how it is with RSD...I am rather exhausted from evacuating (thank GOD for neighbors who helped load irreplaceable items in the car, just in case...) BUT, feel fortunate that I at least have a house. I will be getting anouther nerve-block soon, so that will help!

Sandel--although I am not familiar with the WC Laws where you live, since everything seems to hinge on the AMA 5th impairment ratings, etc., you might have quite a bit of WIGGLE ROOM. Mistakes are frequently made by referring to the wrong tables, NOT assessing activities of daily living, and so forth.

( If you send me a p.m.., and provide me with your e-mail adress, I can forward to you a VERY interesting article commenting on a Calif. WCAB Judge's recent ruling that found that the AMA 5th rating schedule has some rather "fatal flaws". You just might find this extremely useful, inasmuch as you MIGHT be able to appeal on rather "new and unique issues" as it pertains to the RATING sytem being assesed and applied... Now, wouldn't THAT be FUN? Put a HUGE MONKEYWRENCH in the WC SYSTEM!! I don't think YOU would have to be hunting down the news-reporters!!)

In ANY Court of law, the Judge can only make a determination based on "substantial evidence", which is supported by ACCURATE history of injury, ACCURATE and COMPLETE physical tests and OBJECTIVE findings, etc., and of course, the Doctor's opinions MUST be supported by scientific evidence. Otherwise, that "opinion" would NOT be based on substantial evidence, "ALL MEDICAL PROBABILITY", and would be "guess, speculation or conjecture".

Obviously, I have no idea if ANY of your Docs have conformed to these standards, or if the Defense Doctor has either.

In order for the Judge to find that you have "compensable consequences" as a result of your oiginal work-injury, you MUST have a Doctor who has prepared a VERY comprehensive report that shows the "causal" relationship between the original injury and subsequnet, consequential injuries. Again, this MUST be supported by scientific evidence (for example, how RSD has been scientifically reported in peer-reviewed studies to spread from the extremeties into full-body RSD, and so forth).

"Substantial Evidence" is the name of the game. Because a Judge in NOT a medical doctor, and is PRECLUDED from making a "medical determination", the Judge can ONLY rely on the opinions of DOCTORS, and how well-reasoned and substantiated their findings and opinions are. The report with the MOST credible, substantial evidence is what the Judge is going to give the greatest weight to.

Is there ANY way you can get a GREAT WC atty to help you with your next legal proceeding? Maybe at least get a couple of consultationsm so you have abetter idea of how and what you will need to present as evidence, etc?

If not, and if you would like, I coud TRY and maybe offer some assistance. Maybe there are others on this Forum who could as well.


Keep you chin UP and the RSD DOWN, and under control, ok?? You have a lot of work ahead of you, and we ALL want to se you just lick the pants off of 'em!!!!

As they say, "Success is the best revenge"...and giving it your BEST SHOT is EVEN BETTER!

Hang in there!

The Other Brokenwings (hey--maybe I should change it to "Singed-wings, Sooty-wings or Scorched-wings!!)