Still involved in litigation with workman comp.....

Discussion in 'Chit Chat' started by kellygirl, Jun 11, 2008.

  1. kellygirl

    kellygirl Member

    I have been back to work but very few hours as a home-health aide. I had injured my knee doing a pivot transfer of a client.

    The work. comp. surgeon and work. comp. doctor are saying it's the fibromyalgia, that I should be able to perform my duties as beofore. I have developed chondromalacia since the surgery.

    I walk to the one client for the exercise to strengthen my leg muscles, though it is hurting the upper legs to do so. I hurt getting up from a chair.

    I take a stool to the one client so I can get down on the floor to help with her feet and legs. I use to be able to kneel and sit on the floor with my feet under me.

    I can't walk down steps anymore without the knee hurting, so I keep that sore leg straight.

    Even if it is the FMS and MPD, it was not like this before the surgery.

    I am going to see about bankruptcy but I am told it may cost me $1500, is that true? Put it on a credit card? LOL

    I do have my SSD started already. Though I am working a little, it is not enough.

    Just thought I'd let you know where I am in all of this, it has been going on for awhile now.

    I appreciate all the encouragement I've had along the way. It's still not over yet!

  2. momof471

    momof471 New Member

    worker's comp is not fun, I know, I've been there. Your best bet would be to start getting your own opinions, outside of the comp doc's as to whether or not it is injury vs. fibro related.

    If it is fibro/mps, then worker's comp will be liable for very little, just the injury I expect. If it can be proven the increased problems are the injury and not the fibro then that is a different story.

    Your attorney should be able to guide you to docs that might help.

    God Bless
  3. PVLady

    PVLady New Member

    I don't know the WC laws in PA but here in California, the injured worker can get ALOT. Especially if you have a attorney.

    Here in CA, you can receive up to $20,000 for vocational training to do another job if you can no longer do the same job. It seems from what you are saying, you will have a hard time continuing to be a caregiver.

    I know in some states it is much harder to get the WC benefits - I am not sure on your state...
  4. kellygirl

    kellygirl Member

    that's what he said. They also do not like the chiropractor or PT's opinion, though they side with me. I don't understand it all.

    Now, the surgeon is having a deposition that he is being paid $3000 to answer questions, though they know he is the one that keeps saying, "it's the Fibro."

    I am getting tired of hearing the word "Fibro". Maybe that is the issue they are all debating.....I don't know.
  5. momof471

    momof471 New Member

    YOu really need your own specialist to help you hear, PT or chiropractor will not help your case. You need to see a specialist of some sort, such as a physiatrist( deal with rehabilitating physical injuries and pain control), a rheumatologist, an orthopedic doctor any specialist that can help you sort this out.

    Its very rare to get a wc doc that will be supportive of you. In order to get your maximum benefits, you need someone saying that the fibro and injury are two 'separate' issues.

    Also, I would get a new attorney.

    God Bless
  6. kellygirl

    kellygirl Member

    When I saw a work. comp. doctor, it was ordered for me to do so, he was sympathetic and told me it was "chondromalacia" and he actually said to me no bending, stooping, kneeling, etc., etc.,.

    He went on to say, probably off-the-record, that my job will kill me.

    My attorney wanted me to write about the visit and I did, exactly how it happened and what he said.

    Would you believe he sent me a copy of a letter from the work. comp. attorney disputing what I said, and "if your client believes this, then it may be due to the medication she was on."

    How juvenile that an attorney would stoop to name-calling. I am not even on any medication that would cause what he was inferring. Do you think he may be desperate?

    Does it get this bad that attorneys stoop to juvenile behavior such as this guy is doing? He should be embarassed to have even put that in a letter to my attorney, don't you think?
  7. Cromwell

    Cromwell New Member

    that doctors are stooping so low.

    It is odd isn't it that fibro is all in the head when they want it to be, now you have another dx all of a sudden fibro is fine?

    I hope you win this case.

    You have a right to take a small recorder to meetings with you and ask to record what is being said so long as you tell them.

    Love Annie
  8. momof471

    momof471 New Member

    are in the pockets of the employers. Thankfully, my lawyer helped me steer through the mess to get to good doctor's and get wc to pay for them. I was very lucky.

    There was only a couple that were bad, but I had about 5 docs, being paid by wc that all agreed on the same things, so it worked out for me.

    I'm sorry you are going through this, its very stressful.

    God Bless
  9. kellygirl

    kellygirl Member

    but it's a sunny day today and I will go take care of someone for a couple hours, then I can do my own thing.

    I still can't believe how that attorney acted so juvinile.

  10. kellygirl

    kellygirl Member

    A recorder! I wish I would've thought of that a long time ago!

    Thanks for letting me know.....