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I don't think this is legal

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kdalla55

Junior Member
Oregon
My hubby was using a drill at work and it bound up on him and spun his wrist almost a year ago. He is on a workmans comp case with SAIF. We have seen 4 surgeons all said he has a tear in his TFCC and multiple ligaments torn, but no one will operate because the risk for more pain is to great and it's a very complicated surgery, basically they are scared of lawsuits. So we are stuck. He can't work doing anything with his hand (he was a sheetmetal worker by trade) Well, the day after Thanksgiving SAIF closed his case, so no more income or medical. The closing documents state that he has a wrist sprain and he is released for full duty. Even after telling him verbally that his hand was completely devastated and he will never be able to work with it again! How is this possible? All the surgeons have diagnosed him with torn ligaments and TFCC using MRI's and Xrays? The lawyer we have is so lackadaisical about it, saying that we can appeal but will probably get the same results. His suggestion was to go back to work and wait for my husband to re-injure himself because he will. Does this even sound logical? I just don't know how this system can completely push him aside and not help fix his hand, he is 29 and cannot lift anything of weight with his right hand! How is it that all these sue crazy people walk away with thousands but then an honest hardworking man gets treated like this and he is genuinely hurt? Sorry to go on about it, I am just so upset and needed to vent hoping someone has been in a similar situation and can offer advice.
 


Well the system we have is not set up for the employee that's for sure.

And the lawyers are useless.

Go back to work and get "injured" again. That's the only logical course of action.
 

Isis1

Senior Member
Well the system we have is not set up for the employee that's for sure.

And the lawyers are useless.

Go back to work and get "injured" again. That's the only logical course of action.
Pro? This one's for you...:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

OP, please have your husband consult with another attorney. Maybe even two.
 
Pro? This one's for you...:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

OP, please have your husband consult with another attorney. Maybe even two.
looks like a done deal for the OP from what I read ... to late for a new attny .. the OP can certainly look at appealing but the ruling is not stayed ~ the guy will have to go to work
 

kdalla55

Junior Member
Well the system we have is not set up for the employee that's for sure.

And the lawyers are useless.

Go back to work and get "injured" again. That's the only logical course of action.
that's what I feared to be the only course. It's amazing the things they can get away with. SAIF doesn't even qualify his injury as what the surgeons diagnosed him,they have it listed as a wrist sprain,which was the diagnosis before the MRI. Thank you for your words of advice, we really just feel like we're in some crazy nightmare! How does anyone with a real injury live?
 
that's what I feared to be the only course. It's amazing the things they can get away with. SAIF doesn't even qualify his injury as what the surgeons diagnosed him,they have it listed as a wrist sprain,which was the diagnosis before the MRI. Thank you for your words of advice, we really just feel like we're in some crazy nightmare! How does anyone with a real injury live?
He may be able to go outside the US for the operation .. but I have never seen surgery on a hand not go forward. Maybe another state where crazy lawsuits are not the norm.
 

cbg

I'm a Northern Girl
kdalla, please ignore Cpt. Idiot and have your husband see a new lawyer.
 

commentator

Senior Member
Your husband should ask at once for an IME. (An independent medical exam by another doctor) This will say that you do not agree with the doctor's decision that he has reached Maximum Medical Improvement and that he is ready to be released without restrictions. Are they offering any compensation for on going issues? Almost all states will agree to this IME before settlement. That would be the "appeal" that your attorney(sounds like you did not get one who was really up to snuff regarding Worker's Comp) is talking about drowsily. I'd either light a fire under him or fire him.

So they are saying he has reached Maximum Medical Improvement and is ready to return to work with no restrictions? He does NOT need to accept this, go back to work and get injured again. That is terrible advice. He needs to refuse this settlement, procede with another exam, be negotiating aggressively toward getting some real relief. I do agree that there is sometimes difficulty in getting a tendon strain type injury improved by surgery. Has he had any physical therapy?
 

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