Help Me Please!

[kazoo5]

What is the name of your state? Michigan

I was injured on the job in September 2002. Have carpal tunnel both hands and tendonitis both arms from heavy lifting. Received 3 weeks physical therapy for pulled muscles & EMG test which was positive for CTS then claim was denied and was fired since I couldn't lift more than 5 lbs. I was denied WC because insurance company said there was no way I could have developed carpal in 2 months of working.

Got an attorney January 2003. Was sent to employers Dr. for IME & then another EMG which was again positive. Told their Dr. who performed test that I was being denied because insurance company didn't think I could get CTS in 2 months time. He said they can't deny you now and he said he had seen patients develope CTS in 2 weeks time. Was then sent to a different Dr. from insurance company who just had me sit there and do range of motion movements. That was about 9 months ago.

My hearings have been repeatly postponed for almost 2 years now. Had a hearing last June and was told by attorney's secretary that they were in negotiations. Didn't hear anything else and another hearing was scheduled for September, which was then again postponed.

I know have another IME(attorney's Dr.) scheduled for November and a trial date set for December. Got a letter and attorney wants me to come into office 3 days prior to trial so he can go over questions with me.

I have tried for the past month to talk to attorney concerning my case and he will not return my calls. I have only called 3 times in past 2 years and spoke with secretary only. I have no idea what the other Dr.'s have said concerning my injuries. I don't know if they gave me a rating or said there was nothing wrong with me or what. I don't know if there was a settlement offered(can attorney keep this info from me?). I don't know anything.

I called the WC court and they said they couldn't tell me anything. They said I could see my file when I come to court in December, but my attorney will have to be there.

I have already been evicted once this year and am in the process of being evicted again with utility shut-offs. I have heard of something called a "Hardship Hearing." Can I get this in my case and how does it work?
Will definately not have roof over my head come December.

When I go to trial in December can they keep dragging it out and continue to postpone?

I am in desperate need of some answers and don't know what to do.
Thanks.

 

[SuzieWahoozie]

Answer

I am not an attorney (I am an HR professional), but I am going to tell you a few things that would look fishy to me as an HR professional who has been on the ER's end of many many WC cases in my 20+ years doing this job.

First of all, I would wonder why you haven't been working in the last two years? CTS isn't so debilitating it precludes working...and if it is THAT serious, you (a) probably DIDN'T get it in 2 months, and the WC attorney's suspicions are correct; and (b) need to apply for SSI if you are so disabled you cannot work.

If your attorney isn't speaking to you one of two things is happening (1) He's a jerk, and you need to find yourself another lawyer; or (2) He doesn't feel very strongly about your case and isn't going to spend a lot of time on it, including conferring with you. I'm sure no settlement offer has been made...for THAT he would have contacted you - he doesn't get paid until the case is settled, so settling the case is in his best interests, too.

Just so you know...it is NOT unusual for WC cases to drag on for years - I have seen them go as long as ten years. If you've only been at this two years, your gravy train is still a long way down that track!

You need to find yourself a job you can do and get back to work. There is no reason you shouldn't be working to keep a roof over your head.

 

[kazoo5]

I have been looking for a job for 2 years now. I was in the IT field and most of those jobs have gone overseas. The only jobs left(which I have also applied for) are physical labor and office. I have gotten maybe 3 interviews that I think have gone well and then no return calls. I don't know if it is my age(40's) or if they have found out about the WC case. Each application that I have filled out have me include my social security number.

I have not applied for SSD because I want the medical treatment, so I can go back to work. I don't want to get caught up in that maze either. The CTS isn't so much painful as the tendonitis is. I can't even lift a coffee cup without excrutiating pain. That is a fact. I cannot get treatment from other Dr.'s because it is a WC case and they won't touch me. You have been in HR for 20 years. How many of those years were spent in medical school? Thanks for the input, but I tend to believe the Dr. who has been an M.D. for 30-35 years and does these test routinely.

I am not faking an injury. I just want to get back to normal and get on with my life.

 

[kazoo5]

I received a letter today from my attorney stating that my case has been settled. My hearing to get money is scheduled for mid December. It states that I am to come into attorneys office 3 days before court date for Trial Preparation.

I called today after receiving this letter. Secretary confirmed that case was settled, but she would not tell me how much. She was also cancelling the IME appointment(attorney's Dr.) I was to go to in a couple weeks.

As stated before; I have been trying for a month to get attorney to call me, but he will not return my calls. The only time I ever spoke with him was to sign retainer almost 2 years ago. She now says he just left for out of town and will not return to office for 2 weeks and seemed very annoyed that I was wanting information.

What I want to know is if the case has been settled, why do I need to prepare for trial? Another question is how can he agree to a settlement without me agreeing it?

Secretary told me in June that they were in negotiations, but that is all that I have heard until now. If settlements were already being negotiated back and forth, is that legal for me not to be informed of this activity?

I think they just expect me to come in on the court date and sign settlement papers.

Does anybody have an inkling to what may be going on here?
Thanks.

 

[kazoo5]

I forgot to add that in Michigan the lawyer's fees are as follows:

15% for first $25,000 and then 10% over $25,000.

If the case goes to trial, he is entitled to a straight 30%.

Maybe that is why he wants to wait until December.

 

[BlondiePB]

You need to consult with another w/c attorney NOW!!

 

[daiseymae]

kentucky,i agree with blondiebp.
you really need to get on top of this. your atty is suppose to get ahold of you and talk about any kind of settlements that are being offered cause it is up to you if you want that settlement. i am going through the same kind of situation sort of. i was hurt on the job and i can not lift anything over 10 pds.no bending and so on. i also have a atty on my case but if he was not able to speak to me when i called he has always called me back the same day or by the next morning. that is why they are atty. i was hurt on the job going to a patients house back in the spring. i am on workmans comp right now. but as far as your situation i would be talking to some diffrent atty,ASAP

 

[kazoo5]

I decided to go into attorney's office and demand my file yesterday.
Secretary told me my attorney could only give me my file, but offered to have me speak with another attorney in the office since mine is out of town.

He told me that the insurance company's Dr. said he didn't feel there was much wrong with me and that I could return to doing the same job I had before doing heavy lifting. I should have expected it from a Dr. who has his office in the slums of Detroit. I have tendonitis in both elbows and tested positive on 2 EMG's for moderate carpal tunnel in both hands. I can't even lift a gallon of milk without a lot of pain.

So, the insurance company's settlement offer is $15,000(minus attorney fee of 15%), with no medical. So, I'm a little ticked off to say the least. I told him I need surgery to my hands and possibly my elbows and that amount wouldn't even cover that. He told me to have Medicaid pay for it. I don't think so!

The attorney told me that if I don't accept that settlement that I would probably lose if it went to trial because the Judge in this case is a conservative.

In a WC case don't the IC's Dr's usually give you a negative report anyway?
My attorney cancelled the appointment I was to have with the Dr. on our side for this month, and just expected me to show up and sign settlement papers in December. I don't know if the $15,000 was the IC's 1st offer or not.

I've never been paid for any lost wages(which amounts to about $35,000) and only had a couple of weeks physical therapy at the beginning.

I'm just confused on what to do. I don't want to end up with nothing.
Thanks for letting me vent.

 

[BlondiePB]

kazoo5,
Other than having an IME by the w/c carrier's choice of doctors, have you had any other medical exams by other w/c doctors NOT seeing you for an IME? If so, did that w/c doctor advise that you need surgery? Has any w/c doctor put you on a "cannot work" status"?

 

[kazoo5]

No, I haven't seen any other WC Dr.'s besides the insurance company's.
No other Dr. will touch me because it's a WC case.
So, I have been without any medical treatment all this time.

I know I need surgery for the Carpal problem, but not sure if there is any surgery for the tendonitis that I can get. My arms are just about useless.

I think the settlement they have offered me is too low. It doesn't even cover my lost wages for the past 2 years. I wouldn't doubt it if this was the first offer that was given. I don't trust this attorney at all.
Thanks for listening.

 

[BlondiePB]

Let me start over.

You received 3 weeks of Physical Therapy right after your injury in Sept. of 2002. Is this correct?

How did you obtain the Rx (prescription) for the Physical Therapy?

Yes, I do understand what happened afterwards and am not asking these questions because of the denied claim.

 

[kazoo5]

In the beginning, my employer told me to go to my own Dr.
I went to my own Dr. and he refused to touch me because of it being WC.
He gave me a referral to a Physiatrist. That Dr. told me we would try physical therapy first and see how that works out. I had 3 weeks of physical therapy consisting of manipulation of the neck and shoulders and ultrasound on my elbows. I also did a few repetitions with small weights(up to 2 lbs).

She also performed an EMG during that time(which was positive bi-carpal). I then started wearing splints per prescription. She told me she would write on her report no work. I told her that I was afraid of getting fired so I needed to go back. She said OK, but no lifting over 5 lbs. I lasted one day because of the pain.

I was to continue with physical therapy, but was notified that my claim was denied and no more therapy, then a couple days later I was fired because I couldn't lift anything heavy. So who knows what that other Dr. would have recommended.

I hope that is what you meant.

P.S. My employer was a hospital. Nice, huh?

 

[BlondiePB]

In the beginning, my employer told me to go to my own Dr.
I went to my own Dr. and he refused to touch me because of it being WC.
He gave me a referral to a Physiatrist. That Dr. told me we would try physical therapy first and see how that works out. I had 3 weeks of physical therapy consisting of manipulation of the neck and shoulders and ultrasound on my elbows. I also did a few repetitions with small weights(up to 2 lbs).

She also performed an EMG during that time(which was positive bi-carpal). I then started wearing splints per prescription. She told me she would write on her report no work. I told her that I was afraid of getting fired so I needed to go back. She said OK, but no lifting over 5 lbs. I lasted one day because of the pain.

I was to continue with physical therapy, but was notified that my claim was denied and no more therapy, then a couple days later I was fired because I couldn't lift anything heavy. So who knows what that other Dr. would have recommended.

I hope that is what you meant.

P.S. My employer was a hospital. Nice, huh?

Please do not provide me with any other information other than the direct answer to my question(s).

Please answer yes or no.

Was the Physiatrist a work comp doctor?

Did your first doctor, your own recommend you to have any surgery?

Did the Physiatrist recommend you to have surgery?

 

[kazoo5]

My employer told me to find my own Dr.
My Dr. would not touch me.
He didn't touch me so he could not recommend surgery.
I contacted my employer who told me to tell my Dr. to make a referral to a specialist who would help me.

I assume the Physiatrist was in the process of making a determination, when my therapy was abruptly halted.

 

[BlondiePB]

You did not answer all my questions. Do so, or I'm through. I want either a yes or a no answer to the questions.

Was the Psysiatrist an authorized work comp doctor?

Did the Psysiatrist recommend surgery?

So, far you are NOT eligible for loss wages. I'd gladly trade your injuries for mine. Trust me, you wouldn't want them.