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  1. #1
    UnCENSORED is offline Junior Member
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    Dr. Says need surgery Work comp won't pay!

    I live in florida.


    I had a neck injury while on the job. The Company paid for 2 Dr's Visits. Workers comp was filed. It's been 8 months . Through this devastation The Co. I worked for decided to put me on light duty ,which I was doing while still under medical care.
    ( I have a severe Cervical injury C-3 through C-7 all of these and some will be fused and some cleaned out ,this is the Workers comp DR who suggests it ) MRI show the disc actually pushing spinal cord itself!

    While still under medical care and on light duty wife and I had a cruise planned from a year in advance for her mothers 65 th B- Day ,my work knew of this and the boss even stated have a nice vacation... upon returning the boss said I was fired for not officially posting my vavcation on the bulletin board ..this is a SMALL little place and I was the only one there on light duty answering phones and keep in mind the BOSS knew I was going and told me to have a nice vacation! So when he terminated me I asked him ...what happened to have a NICE trip? No answer was supplied.

    So here it is today I am on total disability per the workmans comp Dr. I can not do ANY duty my cervical injuriy is BAD , however WORK Comp will not pay me ANY BENEFIT ...haven't received any money at all and WILL NOT PAY FOR SURGERY ... I have an Attorney and he says he's been trying to get my medical records for 2 months ! They can't get them ..I can't get them ..meanwhile I am broke ..not a penny in 8 months , in desperate need of surgery due to spinal cord situation and noone is doing anything! What am I ,can I do?????????????????? I am so desperate here..

    Can workers comp do all this? P.S The comapny I worked for had a payroll Co that gave our checks , so kinda like they were both my employers? hope you can understand this and please give any and all feedback ASAP.

    Thanks in advance.
  2. #2
    rmet4nzkx is offline Senior Member
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    Did your W/C case manager give you permission to take a cruise?
  3. #3
    weenor is offline Senior Member
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    You are not receiving WC because the insurance co does not believe that your condition is work related for whatever reason. You are entitled to your own medical records. Drive over to the doctor's office and tell them you need a certified copy...you will have to pay copying and retrieval fees....then take them to your lawyer to tell you what they mean.
  4. #4
    UnCENSORED is offline Junior Member
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    The Nurse Case manager and the Adjuster which I am assuming are the managers your refering have both been fired. The cruise was never in question and my activity on the crusie required me do no more then sit or walk ...just as I had been doing ,,I have a very severe injury ,trust me I can only sit or walk and even then I am in severe pain...I actually did receive WC benefits up until the day I was terminated , which was October.


    I had 2 weeks vacation coming to me at the time of cruise ,I was only taking one week , the bosses reasoning actually for termination was that I didn't fill out my paid time off form! Does this sound as if I was terminated for the form not being filled out or the SEVERE injury???
  5. #5
    rmet4nzkx is offline Senior Member
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    So you were fired for cause, not following your employer's policy for requesitng time off which means that you had an unapproved absense.
  6. #6
    UnCENSORED is offline Junior Member
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    Wokers comp is not denying that it is a work related injury, note thye paid doctors visits and benefits until the termination ..which is bogus ! There is no question that it was work related and again benefits were paid up until termination.
  7. #7
    UnCENSORED is offline Junior Member
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    Well listen ,I worked there 2 years ,there is NO handbook or book documanted any kind of work policy . I was given verbal permission by the boss himself ,it was written on the his calendar and was told by the boss himself to have a good TRIP! Take note this is a small co. and there is no handbook or policy established so I feel him having it on his calendar and wishing me well on the trip was established that I was going somwhere.
  8. #8
    panzertanker is offline Senior Member
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    Quote Originally Posted by UnCENSORED
    Well listen ,I worked there 2 years ,there is NO handbook or book documanted any kind of work policy . I was given verbal permission by the boss himself ,it was written on the his calendar and was told by the boss himself to have a good TRIP! Take note this is a small co. and there is no handbook or policy established so I feel him having it on his calendar and wishing me well on the trip was established that I was going somwhere.
    Florida is a right to work state, so you have no case. You got fired, you have to deal with that.
    I have noticed that even intelligent people ask assinine questions every now and again.
    Disclaimer: I know a few lawyers. None of them is named panzertanker.
  9. #9
    UnCENSORED is offline Junior Member
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    But this bogus firing while I was injured and already receiving benefits through WC , has nothing to do with the fact that they are required to pay my benefits and my Dr's care as well as surgery fees...
  10. #10
    panzertanker is offline Senior Member
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    Quote Originally Posted by UnCENSORED
    But this bogus firing while I was injured and already receiving benefits through WC , has nothing to do with the fact that they are required to pay my benefits and my Dr's care as well as surgery fees...
    THEY are not required, your WC insurance IS.

    You have no job, cannot do anything about that.

    Go get an attorney very WELL versed in WC cases, and hire him/her.

    NOW.
    I have noticed that even intelligent people ask assinine questions every now and again.
    Disclaimer: I know a few lawyers. None of them is named panzertanker.
  11. #11
    cbg
    cbg is offline Senior Member
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    panzertankier, you've just pushed one of my hot buttons. Sorry for this but...

    Yes, it is true that Florida is a right to work state. What that means is that you cannot be forced to join a union in order to get work.

    What you mean is that Florida, like every other state in the US except Montana (and even including Montana in some situations) is an employment at will state.
  12. #12
    UnCENSORED is offline Junior Member
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    So you were fired for cause, not following your employer's policy for requesitng time off which means that you had an unapproved absense.



    In reposnse , did you see the previous post ,there is no workers policy ,handbook ,no nothing . When I came back from vacation there were paid time off leave papers by the time clock ,which were never there before ..EVER ... It is very obvious that the boss knew well in advance of my vacation there was never a policy as to filling out a form such as this and the boss wished me bon voyage ! Fact is the payroll service who paid my weekly paychecks and my boss the actually co I worked at did not like it that they were resposible for my terrible injury and they took that week I was gone to find any reason to terminate me. Again I realise this issue is seperate from the actuall benefits that have to pay ...
  13. #13
    rmet4nzkx is offline Senior Member
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    No one here is going tobe able to tell you what you want to hear, you need to talk to your W/C attorney.

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