My Attorney told me to get a JOB!!

[cherie316]

What is the name of your state? NY
I have been out of work since May of last year due to shoulder surgery in Jan of 2003. My Attorney told me over the phone last night to get a job and report this to the Insurance Company who is paying my Compensation. He was very rude to me over the phone. The last hearing I was at the judge asked me if I was presently working, I replied "NO". He told me "good because you would be commiting a felony if you were." My attorney said on the phone last night that " HE NEVER SAID THAT!! I KNOW THE COMP LAWS". I was so stunned by his voice that I said ok ok. Then he told me to get a job. So, my question is, am I entitled to unemployment since my attorney said I should be looking for work? Also, my Dr. has given me a note stating that I should stay out of work until I see him later this month. I'm sooooooooo confused!! Any advise would be greatly appreciated.

 

[ellencee]

cherie316
Clarify a few issues, please. You had surgery in Jan. 2003 and became unable to work in May 2003? Is WC still paying your wages? Why can you not work? It is unusual for someone to be unable to work for a year and half after having shoulder surgery.

EC

 

[cherie316]

My Attorney told me to get a JOB

cherie316
Clarify a few issues, please. You had surgery in Jan. 2003 and became unable to work in May 2003? Is WC still paying your wages? Why can you not work? It is unusual for someone to be unable to work for a year and half after having shoulder surgery.

I was injured in May of 2002. Had surgery in January 2003. Went back to work on two occassions, April 2003 (couldn't do it...still in pain) and May 2003 (still in pain). So my Dr. signed me back out of work and I continued to collect Workmans Comp. I am still to this day collecting benefits. They are now reducing my benefits to 1/4 of what I was making.......soooooooo my attorney told me to get a job. It seems that I didn't heal well and have developed severe tendenitous because of the injury. Any advise?

 

[ellencee]

cherie316
When you were notified that your benefits were being reduced, what reason were you given?

Have your surgeon write a letter stating the medically necessary reasons for you to remain out of work and send the letter to WC and to your attorney.

It does seem that you should be able to work by now and that by not working or being in some kind of therapy to encourage the return of full use of your shoulder that you could be losing the potential to regain use of your shoulder.

EC

 

[I AM ALWAYS LIABLE]

cherie316

It does seem that you should be able to work by now and that by not working or being in some kind of therapy to encourage the return of full use of your shoulder that you could be losing the potential to regain use of your shoulder.

EC

My response:

Ellencee - - I'm so glad I saw you here tonight. I need your help. I'm working on a crossword puzzle and I'm stuck!

I'm looking for an eight-letter word. The first letter is "M" and the last letter is "R". The clue is, "to pretend incapacity (as illness) so as to avoid duty or work"

Can you help?

IAAL

 

[cherie316]

I'm looking for an eight-letter word. The first letter is "M" and the last letter is "R". The clue is, "to pretend incapacity (as illness) so as to avoid duty or work"

Are you serious?? I am not pretending to be injured in ANY FORM. My shoulder is stiff and I still take many pain pills...ie vicodin. I have have all the physical therapy for this and all the treatment. I have even tried a new device (machine) home for 2 weeks straight that only made it worse. All my doctor has to do is look at my incision and he can tell that it is INFLAMED!! So if you are suggesting that I am faking this, god forbid you should be injured and feel the pain that I am feeling. NO WAIT.........maybe you should get hurt, IDIOT!!

As far as ellencee's post.......yes I agree that I should be able to do something by now. My doctor is suggesting a new attorney or bring it to trial and end it. It is just very frustrating.

 

[cherie316]

I'm looking for an eight-letter word. The first letter is "M" and the last letter is "R". The clue is, "to pretend incapacity (as illness) so as to avoid duty or work"

And if this word MALINGER is stumping you......look no further!!!

 

[I AM ALWAYS LIABLE]

And if this word MALINGER is stumping you......look no further!!!

My response:

Thanks!

IAAL

 

[GPSPRES]

WOW... I'm an employer and I have an employee with a shoulder injury too! He was diagnosed with a Radio Occult Fracture (a fracture that can not be seen on an x-ray) 3 months ago. The employee did'nt miss work but had a lot of therapy and was put on limited duty. The insurance company (W/C) was told last friday, by the doctors office, that it was healed. The same day the employee hurt his shoulder again, changing a tire on his own time, and now is on 2 weeks no work and might have to have surgery. I thing this guy does'nt want to work either!

 

[cherie316]

I thing this guy does'nt want to work either!

And where did you go to school????????? I ask for help and I get a bunch of idiots!!!

 

[stephenk]

You may not be able to work at your old job, but are you saying you are unable to work at any job?

 

[I AM ALWAYS LIABLE]

You may not be able to work at your old job, but are you saying you are unable to work at any job?

My response:

Yeah, she's doing a terrific Maynard G. Crebs impersonation.

"Work!!"

IAAL

 

[bisto]

Cherie316, I posted a reply earlier to different thread. It was in regards to a driver for a delivery company being involved in an accident. His foot was amputated and he lost his job for obvious reasons. He applied for disabilty but was told to get lost because he can still work - not as a driver but as an office clerk. What job did you have? Is this ailment affecting your day to day life? Can you still walk, cook, dress yourself etc. If so you got no case so go to work.

 

[ellencee]

IAAL
I hate that I missed out on helping you with your crossword puzzle!

Something about the posts makes me think there is more to the story, for instance a malpractice issue that the surgeon is hiding by continuing the WC benefits' justification or MRSA that is preventing healing. I don't think all work is precluded, though.

EC

 

[hidden]

Be very careful even if you have a doctors note

My husband had a work related injury in 1999 we live in New York. He had surgery and needed more surgery which the carrier was fighting. He was asked to return to work by his employer and the doctor gave him a doctors note stating he could not return to work until futher notice. The carrier went before the WCB judge and said my husband took himself out of the work force. The judge ruled my husband did not take himself out of the work force. The carrier appealed the decision, a trial date was set by the board, the doctor testified,again the judge ruled again in my husbands favor.The carrier appealed the judge's decision to the board, my lawyer thought it was no big deal. The carrier won the appeal. The board ruled in the carriers favor. We again appealed and lost. Payment was stopped plus money had to be paid back. We had a handful of doctors notes through the appeal process and even a letter from the doctor stating that he took my husband out of the labor market because of his injury. Nobody cared. I fired the attorney. Be careful, this could happen to you.