[oldsman2]

Ok here's the problem. I have been fighting with the W/C attorney's and where i use to work at for 3 year's now. On top of having one attorney just up and quit on me, now I have another one that has been on the case for going on 2 years. I had a conversation with him today, basically he's telling me that through his research TOS is disputed, well duhhh I know that, anyway he's not sure that I will be able to win my case and its just all too complicated. To me it sounds like he's not wanting to put forth the effort to even figure it out. He is also more concerned about getting something for the redue of the right c/t rerelease and the left c/t release then the actual cause of my problem the bilat tos. After the phone conversation with him today, i'm being told that i need to get to see a doctor that will tell me that i'm still not able to work and then get an appointment with an expert witness that will link my condition with what i did for a living. Hey sounds all good to me, just one problem I HAVE NO INCOME. I havent been able to work since sept. 2004 . So what do you do, how do you get an attorney that believes in your case and find a doctor that will show causel relationship between your injury and work when you have no money. I have already checked with the surgeon that did the bilat rib resections and he doesnt want to be involved with it and wont say nothing more about it. Does anyone have any ideas where i can find a good forensic doctor that will stand behind me? thanks for you help...

chris.

[Jomar]

[how do you get an attorney that believes in your case and find a doctor that will show causel relationship between your injury and work]

that's where I ran into problems too- my atty didn't help me at all when I asked for a list of better doctors!
he talked of knowing some good ones at the beginning when I signed on - but at that time my case and doc was doing OK.

after the denial and when I began to hear about TOS was when I asked about a more specialized doctor - and atty just never answered my calls or fax-

anyway I hope someone can give you some good ideas

I did find an independent advanced PT {he taught phys therapy at a university also} that did a evaluation and did find TOS but it was to late to submit that as evidence or proof at the hearing {which became a settlement negotiation}. cost 100.00 - but he was the one that dropped my top ribs so it was worth it just for that!
and showed me - the lay on the rolled towel or cylinder to stretch / drop the shoulders and release the pec/chest muscles
- those inflatable exercise balls work really well too!

My thought is maybe some of the PT places might know of docs that tend to specialize in TOS or even severe RSI ??
Talking to the PTs that I went to- they know who dx's what problems
- if I had know of that resource before hand i might have found a better doc for my dx

some places will take time to chat with you if they aren't busy at the time.
but you could call and ask a few questions first to narrow it down if there is many PT places in your area.


my atty totally pooh poohed my mention of TOS {as a waste basket Dx} - so he didn't help on that point either.

[DiMarie]

Olds, without income won;t the legal aid services take the case? Have you applied for social security yet also., you do not need an attorney to file that, just go to the web site www.ssa.gov to start an online application.

The attorney is correct, your doctors are testifying against the IME doctor that the insurance carrier chooses, it is up to the w/c judge to decide who has the credibility. It is not just going over medical records as ssdi does. W/C is a long haul...

One thought you may have to call the caseworker directly and ask if they would be interested in a settlement? ALthough if they know your attorney quit, they may not wish too.

I don't know of any doctors that are specialist which would do a depoosition without the payment up front, most are $2,500 to $3,000. Plus the transcript fee for copies for an attorney, and the stenographer to record transcript.
It should not cost the injured worker any money to proceed with their cases.
It cost about $5,000 for a workers comp case. Mine was over $3,500 before I took a settlement.

Call legal aid and see what they say, or ask if there are per bono attoreny's.
Dianne

[MPRY1]

Chris,
You NEED to see one of the TOS experts. My work comp case is still going as well. It will hopefully be ended soon since I go to trial this month. Initially 5 years ago, my lawyer had also said that it would be a tough case due to the nature of TOS. I had 2 work comp doctors here state in writing that I either did not have TOS or that its onset was unrelated to work. Fortunately, my doctor in Denver's deposition and clinical notes were so thorough that both WC docs recanted their statements completely. WC has no case at this point.

Most doctors have such little experience with TOS that they don't feel comfortable making a statement on how or why a patient developed it.

You might want to consult one or more docs in Denver. It being a disputed WC case they may take you on pro bono. With their expertise on the subject of TOS they may be able to get your case turned around and also improve your quality of life as well. An email to them is a good start. Dr. Brantigan is who I went with, but any of the good ones should be able to help you.

I remember you from the old forum. I was also an auto mechanic who developed TOS. I have completely healed and live a normal life now. I can't ever wrench again professionally but thats a small price to pay to be pain free.

Mike