I don't know about depression, I never had it. I think for the most part TOS patients that don't have to deal with WC or accidents can get help faster and get better faster with the right doc and surgery.

They don't have constant fights with WC or lawyers or whomever and can use private insurance for medical care.

I do know that any lawyer or WC lawyer or doctor does know about this place and reads them. They can do a google search just like TOS patients can looking gfor answers. Even if one doesn't use their real name it isn't hard to figure out who one is if they talk enough about a case. I would just be very careful what info anyone places here.

Also, not all lawyers know everything, and certainly you need to do what you feel is best and deal with your own lawyer and what information you can get from your own sources.

Good luck to you in your case.

Certainly, dealing with TOS minus the W/C and insurance problems is already a nightmare...I can't imagine how those of you with battles keep up.

Caladium, i applaud you and your attorney's efforts. I don't know much about wc or legal matters but I wish you all the best.

Johanna

You are right Cal,

All of my "advice" is given as a friend, and I always, always, always, put in my posts that you need to check with your own attorney for that area's rules and your own facts and his or her own strategy. There is no way that I can share without some of my past experience also being shared. But by no means do I think I have the absolutes.

But again, just in my general opinion as a person on Earth, I believe posts from here will not be allowed in as evidence by any court because they are hearsay evidence. You can't cross-examine a post. You can't authenticate the statements made in a post - i.e. medical "facts" or "opinions" that we use freely here. And they don't go to the heart of the matter - what is YOUR injury, and how injured are you?

In any anonymous forum or group like A.A., the first rule is that "it stays here." That gives people the freedom they need to vent. Maybe you're not aware of that because you haven't before been in a situation like this - I'm just bringing up why it would bother me, personally, and offering that others might feel impinged upon to have someone ask that of them, when their purpose should be rather selfish here, to post and let it go. And I tried to write it that I personally would be offended - I don't want to be asked if my personal stuff can be shared, under any circumstances. Again, just my opinion, and it doesn't mean I don't support you. But it would be a futile action to me, and crossing my own boundaries.

I just want to reiterate from the old forum, my opinion that f insurance co.s even look here, and think they know the person, they would either need you to admit it was your post, or, get a search warrant to sieze your computer and trace your ISP to here, etc., and present hard evidence. And what would it prove? That you believe you have TOS and hate it and have problems because of it. So why would they peek in here? Nobody is writing about surfing on one finger...there are no admissions that someone is a fake here. They just don't have the time to waste reading our posts, unless it were some kind of weirdo. The most money these co.'s will spend on "investigation" is to do a deposition and they put an investigator on your tail for a day or two or three - when they think they'll catch you doing something outrageous, (like running an entire side business that ecompasses physicality.) So for everyone here, I think we can sleep at night knowing really that this pretty much is just us here.

Be careful what you wish for Cal, because if you go off to "prove" how depressed we all are on this forum, what you may prove is that you're on here enough times to warrant a desk job, etc. You (or anyone on w/c) must remember the main issue of your case.

Further, maybe your QME was doing you a favor, by not making you a "head case." This is one thought that comes to my mind. Imagine how you would feel if a QME said it was all in your head and you're only depressed? That is a tactic they often use, and it's hard to dispel after years of an injury - we then have to go back and see, did the person ever have counseling, when, how long, meds, etc. The case takes a whole different line, rather than injury with some depression as a result. And like I said, your attorney needs to tell you IF you needed more % for your case, or, if as it stands, you are properly presented to the court. You never mentioned that - just that the ins. co.'s report rated a higher %. But your QME DID give you some disability for depression. Is that percentage / description of disability accurate?

I don't mean to sound like I'm coming at you - quite the opposite, if you were talking to me, I've said many times that No. Cal. has slightly different rules and you MUST talk over and make a strategy with your attorney.

And I hate to think of you getting upset over a QME who did find you with some depression %, because it might not matter in the long run. I don't know what your % add up to, but 100% can only go 100, not 110, and a life pd award (used to be over 70%, don't know what it is now at all), is still just a number, have you hit it? You see what I mean - if you're already where you need to be at, dang the rest of it! Forget the words! We can't take any of this personally. It's quite a bit a waiting... game.

Remember to show no animosity towards the medical profression while in court. The judges view that negatively. That's why I shared my personal experience with you - I wanted to react, I wanted to say, "how can you even think I can walk 8 hours per day - what, are you nuts?" But you are better off not reacting. Be polite. Listen to the question carefully - that's what counts. Better to focus on getting the evidence in, from the docs who REALLY know you - those who have seen you more than one time, unlike that QME who only saw you for part of one day.

I thought also that there are people here who have spoken in front of the RSI group, and in No. Cal. I wonder if they have the attorney group, the California Applicant Attorney's group (check the Web or ask your attorney), which one could also speak at a meeting - to get out the facts about TOS from a patient perspective.

We are all patients of this horrid condition, and we do work together, but I just had certain feelings about gathering info. from here, and meant well by my post.

So enough said from me, I do wish you well, and my concern was for you at all times and still is. Back to bed for me.

From a law enforcement point in prosceution and evidance admitted: You can prove what computer IP address a post came from, if a search warrant can be utlizedon what computer, BUT YOU CAN NOT PROVE WHO WAS IN FRONT OF THE COMPUTER MAKING THE POST>

Unless someone had a video cam and recorded soemthing live cam; only good police work can establish who made the post.
So the post would not even allowable in our investagations..This comes from our training in stalking....PA State police computer crime unit.
Di

Cala on the old brain talk there was a published interview with John Lester and his communityforums...I don;t know if anyone may have copied and saved it, but I would for research based on the published articles of such communities,

When family does notunderstand, finding otherswith similareproblemsthat"get it" are always supportive andhelpful...
TO tell you the truth with IME and QME, they always want to makeitlike the conditionis magnified in our heads to down play the seriousness. The judges reviewing know the game these doctors play.

They just loose credibility with the mediators and judges with low blows,
I did find I allowed the game to eat me up, but the 15th year I could weed out and same thing the time in with the patient was crap...but I did see how these doctors just wrote for the insurance carrier and did not have credible support to show their opinion to be substansiated.

I love when they send people to a chiro or ortho that admitidly does not specialize andlimited knowledge in TOS. The first thing is, wasy to attack their credibility.

So don;t request a doctor that is a specialist if they send you to an ENT or foot doctor for IME, be glad...
Depression, our one IME the doc statedwhy are you not receiving emotional support, your life is trumatised, you need to learn with limitation....not that the pain is in the head...only IME good.

Sorry for not keeping up with this, Cyndy I will send you or post the site to go to for filing a complaint.

I am struggling to keep my head above water. I have health issues that are flaring the Tos and recently had a family member diagnosed with cancer. This is the 4 th member in my immediately family, not counting my husband in the last 7 years.

I would like to make a friendly request. I would like to ask that people try to stay on track of the request of the thread they are responding to.

I wasn't looking for legal advice, I just wanted moral support for my family here at the forum.

I wanted people here to know that so called professionals think we are all a bunch of whiners, rather than an intelligent, supportive community that has been through hell; and are trying to get help getting diagnosed and healed.

I wanted the Dr. who made that comment, to hear in front of a judge, the kinds of information that is exchanged here. Valuable information, such as Johanna's detailed description of her visits to specialist's and her view as to which treatment/physician would suit her needs. Or Anne's thread about her therapy, what was it?? Fendenkrais, or Hellerwork or something. And...also the havoc that going through this devestating illness wreaks on people emotionally! Not specifics necessarily, unless they wanted to share them.

I have been hammering away at the governor, and Vanessa, as others here have suggested, and his staff at least, are getting the message! Hopefully, he will too!

I wish you well, Tam, I am sorry if I offended you, that was never my intent. It is so hard to express feelings over the internet, and at times, when I go back and read some of my written words, I can see that they sound harsh.

The advice you gave me previously was regarding getting TTD income and status reinstated, and you said it hadn't been done and wasn't likely. I was able to get it reinstated. It's important that people know that can be done.

There was a time where I wouldn't have pursued court and reinstatement, even though you always, suggest getting legal advice. Now days, I am much more assertive ( one of the few benefits of getting TOS ) and if someone says no, I am determined to make it happen!

I will p.m. those of you that I hope will be willing to share their threads, soon, or... as soon as I am feeling better.

In the mean time, take care all!

Hugs,

Cala