WORKERS COMP DENIED WHY?????

Discussion in 'Fibromyalgia Main Forum' started by cinnveet, Dec 4, 2006.

  1. cinnveet

    cinnveet New Member

    If you have a chance to see my last posting of the serious harassment I had from my boss that made me go into uncontrolled flares to a point that I was unable to work.

    I called HR, reported him, they are investigating it, but told me Workers Comp will also call me.

    Workers comp called me. I briefly talked to the man and told him I need my notes as I was in my car on my cell phone. We played phone tag for 2 days and then this weekend I rcvd a letter of denial for WC.

    I called, and was told stress or mental illness is not covered in the state of Florida for WC. I torn into him about everything my boss did to me that did cause me FM. He said but the stress came first so you not covered.

    Here is the law in Florida:
    440.093 Mental and nervous injuries.--

    (1) A mental or nervous injury due to stress, fright, or excitement only is not an injury by accident arising out of the employment. Nothing in this section shall be construed to allow for the payment of benefits under this chapter for mental or nervous injuries without an accompanying physical injury requiring medical treatment. A physical injury resulting from mental or nervous injuries unaccompanied by physical trauma requiring medical treatment shall not be compensable under this chapter.

    (2) Mental or nervous injuries occurring as a manifestation of an injury compensable under this chapter shall be demonstrated by clear and convincing medical evidence by a licensed psychiatrist meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. The compensable physical injury must be and remain the major contributing cause of the mental or nervous condition and the compensable physical injury as determined by reasonable medical certainty must be at least 50 percent responsible for the mental or nervous condition as compared to all other contributing causes combined. Compensation is not payable for the mental, psychological, or emotional injury arising out of depression from being out of work or losing employment opportunities, resulting from a preexisting mental, psychological, or emotional condition or due to pain or other subjective complaints that cannot be substantiated by objective, relevant medical findings.

    I need help, I have appt with lawyer at 2pm today. I hope he is good. This is not fair that it is ok to be harassed over 3 to 4 years and find out now you have FM a year ago.
    I was even on intermediate FMLA for FM so I was able to go to my DR's appt's.

    I need help. Please, does anyone know anything about this?
    Or, what I should say to the lawyer? I have years of documents of the abuse. He has been turned in 4 times by other co-workers higher up than me that witness the abuse.

    I cant believe I am left here to suffer. I am really upset.
    any advise would be so appreciated. Even a prayer is greatly appreciated.

    Thanks,
    God Bless,
    Cin
  2. kjfms

    kjfms Member

    Sorry you are going through such a rough time. Like Wake said maybe you can pursue a civil suit.

    You have to have a physical injury also to claim workers compensation not just stress related -- you see? Sorry if I didn't answer your question.

    I hope you feel better soon,

    Karen :)


    [This Message was Edited on 12/04/2006]
  3. cinnveet

    cinnveet New Member

    Spoke with lawyer. they dont handle workers comp when it comes to FM and stress.

    But they did recommend me to a lawyer close by that does specialize in it. So I have an appt. with the new lawyer next week.

    They also advised me they could not deny you without proper interview with you. And I never had a chance on that interview.

    With the new lawyer I am also going to start the proceedings for SSI. I dont want to wait on that as I know I know have permant damage to my muscles in my legs, neck and shoulder.

    I want a lawyer that will listen, and take the case with compasion and help me to find the best Doctors that can help me in my fight with FM, Lupus, CF, & MP.

    Went to Dr. on Saturday and it wasnt the Dr. that I was scheduled to see, this Dr. was a quack. no help at all.

    My records shows the rapid weight loss. From Nov. 13 to Dec. 2 I lost another 8 pounds!

    I hate the way I look, 46 pounds lost since early October.
    HELLO!!! I dont think that is normal..

    Hopefully next week when I see my Endo, he can shed some light and advice me the best route to take.

    Thanks again for your support.
    God Bless,
    Cin
  4. California31

    California31 New Member

    I hope you will file for disability due to your condition...pure and simple...and use your energy to stabalize as much as possible.
    Whistle blowers rarely are supported....there's a long history of whistle blowers....getting shafted.
    I thought company's LTD was the best route for you....perhaps an attorney can revisit that possibilty...despite how your company has dealt with you so far.
    Sometimes reality checks are difficult...to deal with...when you are in the "universe" of bureaucracy...it can be a sea of confusion....three opinions from three different people in the same department...and on goes the merrry-go-round...a lawyer can perhaps be a strong advocate for you...helping you sort out possibilities.
  5. stellapa1

    stellapa1 Guest

    I am sorry that you are going through extra stress over a situation that was not immediately mediated or resolved. One thing to note FM is a condition that is PRIMARILY MEDICALLY based, MENTAL HEALTH ISSUES unless they have been present for quite some time, ARE SECONDARY, due to loss in health and well being as a whole (physically, emotionally, socially...etc. It is recognized as a viable disability by the American Rheumatology Association, I believe and is on the list of disabilities noted by the ADA.

    I live in New York State and have been fighting to establish a Workman's Compensation case for 4 years and it is like pulling teeth without any anesthesia. The lawyers constantly refer to mental health/psychiatric issues as a basis for a stress claim. Stress claims can extend beyond, under the guise of occupational illnesses and have to establish that the illness, disease, disability had a causal relationship (was aggravated, precipitated, exacerbated...etc) by environmental issues that were not the norm (i.e. hostile work environment, excessive stressors beyond normal, routine stressors of the job(s), stressors beyond reasonable, disparity of treatment, retaliation under human rights). I know that each State differs in their regulations, yet having strong medical backing, records of encounters, witnesses are important. I swear that it is nothing but a factory mill for lawyers regarding workman's comp. (move em in, move em out, avoid the cases that take thought and research) and that often doctors are in the same category (if they can't figure out from their perspective what to do dismiss it as anxiety or a mental health disorder). I have done most of the leg work, filed my own appeal before my lawyer and am beyond exhausted. I also contacted my local legislator and attorney general to help in my endeavor. I've been able to meet the prima facie, I am trying to get it across in the hearings what CFIDS and FM are, how the environment I was in was beyond reason (coordinated 3 positions, on call 24/7 and worked with inept boobs who covered their behinds at all costs while maintaining all the documentation and paper needed for the agency and state overseers....amazingly I did this for close to 10 years and was let go when I became ill, worked for a not for profit that offers services to disabled. HA Sorry my anger comes out. If you look on your State website for workman's compensation, human rights/civil rights, the labor board and/or cdc.gov you will find some valuable information. You can also contact your local or regional workman's compensation board as you should have a caseworker/claimant worker who can guide even more. Let me know how it goes, please.