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MsRriO 03-27-2013 10:28 PM

Thanks everyone.

WCB is unfortunately above the law. I have looked into some things over time. Section 22 gives WCB exclusive jurisdiction which renders it impossible to argue with. Our Saskatchewan government (Sask Party) turns a blind eye to the injustice.

Appeals are handled by the Office of the Worker's Advocates, which are also on WCB payroll.

The board that "hears" the appeals is also on WCB payroll.

Bonus structures are paid to WCB workers for getting injured workers back to work.

I'm not sure anyone is getting how deep the corruption runs, or maybe it's like this everywhere so we're desensitized... but anyway, yes I will try to find a lawyer with enough nerve to take the case. But I have no illusions of winning. They never lose, ever, so there's no settlement coming. Without a settlement, lawyers won't take the case, I'm assuming.

I'd almost prefer to have them cut me off, as I've already been approved for LTD through my insurance. It's 65% of my wage versus the 90% that I receive through WCB, but maybe I'd lose my sanity at a slower rate as well.

As for advocacy I'm going to try to get the Sask Acquired Brain Injury lady to accompany me to the next doctor's appointment because I'm just lost by myself.

Eowyn 03-27-2013 10:38 PM

This is just effing insane. :eek: I am so sorry you are going through all this.

"Starr" 03-28-2013 09:05 AM

I'm sorry you are going through this. This is absolutely unfair and unreasonable given your condition. :hug:

I know you must feel like giving up and that's definitely your choice. But do recognize you have a choice here. I have been hesitating to post but you do still have options. They are difficult options and you might not have the fight left for them and that's ok.

If you do have the fight left, you need to contact a lawyer that's specializes in workers comp... now. Don't delay any longer. Don't worry whether they will take the case because maybe there's a settlement and maybe there's not, that's not your concern right now... your concern is getting to a lawyer's office with all your documentation and having a consult and telling them everything that's happen and letting them tell you what's what.

If THEY tell you there's no case and they are not interested, see a 2nd lawyer, and if they tell you there's no case, then, maybe there's no case and you just have to accept that WCB has won and you have to move on.

But don't 2nd guess what the lawyer will say without having that consult. That's just selling yourself short and giving up without trying. Which is fine if that's what you are CHOOSING to do, but don't do it without careful thought to your future.

I know many people with injuries (across Canada) that WCB has tried to railroad and the ones that have gotten lawyers involved early in the process have been treated more fairly than ones that have not... the ones that have been treated poorly, like yourself, once they get a lawyer involved, the poor treatment stops because they finally have a clear headed advocate on their side who understands the system and doesn't allow WCB to take advantage of them... this is especially important for those of us with brain injuries who are not able to think clearly and quickly due to our injuries.

I wish you the best... this is an awful situation that would be difficult for anyone with an injury that doesn't involve their brain... but combine that with an injury that DOES involve their brain and it makes it impossible and intolerable.

WCB is a bully, but you can choose to be their punching bag or you can get yourself a shield to protect yourself. Its your choice.

Starr

Concussion 03-28-2013 09:43 AM

To add to Starr's comments, you have constantly stated that you are from a small township, of what? 1600 - well if you are thinking that way, guess how those folks in WCB are thinking > "well, now, let's just keep pushing that po lil country girl til she breaks and does what she's told; we'll get her back in tow soon enough...."

Just like that ******* Psych - speaking down to you at every turn - the blame game if you will, when actually he was not correct in his perception/skills - "No No its all your fault, you made this the way it is now......there is nothing wrong" -- that was not his job; except that is what the WCB wanted him to say... No matter how much 'exam time' he spent with you.

I had 1 hour with the Social Security Administration Psychiatrist - theirs are supposed to find things to maybe disprove, or not, a claim of disability for our Medicare Disability here in the US; and he found things I did not know I had problems with - I did not have a lawyer, but was setting an interview up getting ready for the appeal; when I got the 'approval' notice in the mail.

A legitimate Psychologist will test appropriately and unbiasedly report findings; otherwise they are unethical and deserve absolute reporting to their accrediting Boards.

Brain patch 03-28-2013 11:01 AM

I do understand how far level of corruption goes
 
Hi Ms. Rrio,
I do understand how far the level of corruption goes. I wish it were not that way but you are correct. You could get a lawyer and try to fight this or it may just be more aggravation then it is worth. I had to get a lawyer and fight a medical malpractice case for my daughter when she had a surgical instrument sewed up inside her. She was awarded some money but I wish I had not fought that battle. It hurt me with anger issues far more than it was worth. I guess you are going to have to decide what you can tolerate. A lawsuit is a very hard thing on a person emotionally. We are not in the best shape for that kind of stress.
I am sure a good WCF lawyer could help you get a more fair deal but you must consider the hardship this will take on you as a person. It is abusive. It is corrupt. It is frustrating. It makes a person angry.
Do what is right for you. If you have another option with LTD to get money so you can live maybe this would be a better option. I am not trying to discourage you in any way to stand up for yourself, I am just being honest about the repercussions of that choice.
You see that we have to fight with everyone, even our own family members to try and get support and assistance. How much can we take? Sometimes it is better to walk away.
We all know this is a real condition. We all suffer with problems from it every day. We know the truth about our health. We don't need their opinions.
Love,
Brain

MsRriO 03-28-2013 05:37 PM

True
 
I appreciate all the responses. I have to think this carefully through. I'm not sure my husband's health can tolerate a legal battle. But, maybe that's the only way I can be protected. Like brain patch says, that's an investment emotionally, and for the whole family.

Brain patch your compassion is your strength. I really appreciated your post. :hug:

Starr you're right I can't decide the outcome before trying. Good point. I'll need to decide more objectively. In the heat of the injustice I don't think clearly.

Today WCB called with the initial report which recommends a 10 week therapy program including vestibular therapy, and a graduated return to work to begin at the six week mark.

My doctor has to decide on whether he approves of that. I don't see him until April 11th. So we wait.

In the meantime I've also spoken to the Acquired Brain Injury support worker, who agrees that this team was just hired guns for WCB, and she is working on a way to help me from here on.

I'll update again if anything changes.

Brain patch 03-29-2013 08:01 PM

Ms.Rrio,
I think that with the WCB recommending a 10 week program with vestibular therapy with the goal of you starting a gradual return to work at the six week mark shows that they do know you are hurt badly. If they really thought you were" just fine" then why would they pay for this? Quite a long program for someone they are deeming "just fine".
I think Starr had really good advise. Maybe you could get a lawyer and just let them handle it without having to get emotionally involved too much. Turn it over to them and not expect anything and if something comes through then great.
I am proud of you for finding yourself an advocate. Well done. That alone will help. They will know you are not alone in this any longer and may wonder what other resources you may come up with.
Good move.
Brain :hug:

cyclecrash 03-29-2013 09:10 PM

The other possible upside of this, aside from the fact that you're finally getting some therapy, is that maybe your therapist will help your case. My vistibular therapist knows a lot about concussion/brain injuries and has been second only to my NP in information and support.

She knows the minute I walk in the door whether I'm having a bad day or not and has written letters on my behalf with regards to what we are doing, how I am coming along and what our goals are going forward.

The insurance company, and probably WCB too, like to see that your moving forward and have a plan in place for return. Hopefully you get a great therapist like mine!

You may notice some improvement with your headaches and eyes as they are also connected to the vestibular system.

It's more time then you thought you would get. Give the glasses and therapy a go and maybe you'll be surprised! Or get your doctor to say your not ready and fight them, I guess is the other option.

That's great that your Long term disability can still be accessed even though its a work injury! Ours won't let you do that. It's great you have a backup plan!

CC

MsRriO 04-01-2013 06:09 PM

Hi again all,

I still haven't seen the full report of recommendations. I am in the waiting game until I see my doctor, which is fine by me.

Vestibular therapy won't likely be done by anyone different, it will likely be my same physiotherapist who will need to give it his best shot. I think all recommended therapy has to be done locally and again, we have very few professional therapists of any kind here. That's fine though, I'm coming to terms.

I've been feeling gradual improvements lately, perhaps thanks to prism glasses, higher dose of amitriptyline and good old Father Time. I was able to laugh with friends twice over Easter weekend, the kind of laughing that gives me the ice pick headaches. Worth every second.

I've decided to let this recent hired gun's assessment roll off just like I let the NP's biased report roll off.

What's important is the present moment and I am content. Not healed yet, but hopeful, and content. Even if this was as good as it gets, I'd accept it and move on, laughing through ice pick headaches because they don't last as long as the memories I'm making. :)

Brain patch 04-01-2013 08:31 PM

So proud of you
 
Good for you Ms. Rrio! That is the right attitude. I am so glad you are not letting these opinions of others hurt you anymore. I am so glad you were able to be together with some friends and laugh. It is the most healing thing. It is great to hear you are having some improvements. I think things are going to work out just fine for you. Maybe with this 10 weeks of treatment you will be well enough to work or at least get back to living. I am so happy for you. We find ways to work around the problems. :hug:
I also have found some friends and have been getting out a bit and laughing with them feels so good. Even if I am exhausted after it is worth it. I cannot just keep living in fear of headaches etc. Easter also went good. First year that I have not had major depression and PTSD problems on that day. Seeing my beautiful daughter fully healed and doing well helped a lot.
I have my last session of neuropsychological testing on Wednesday. So I am hopeful she will be able to direct me to the correct kind of treatment needed to get me back to living more normally again. I will let you know how it goes.
Keep us posted on your progress. I am praying and pulling for you.
Love,
Brain


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