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voc rehab

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kari71

Guest
What is the name of your state? California
Can anyone explain to me the process of voc rehab? I'm confused as to when it is decided whether I am eligible for it or not. About every 3 months I receive a letter from the wc office stating that they are delaying their decision about it due to not knowing my restrictions set by my doctor. Right now I haven't even been released for modified work but if I am going to be able to train for a new career, I would like to get started soon. I have been off work for almost 2 years now as I broke my foot 6/12/02, had tarsal tunnel release surgery 12/5/02 and am now diagnosed with having rsd. I am aware that rsd is lifelong and a very touchy thing to deal with but I am feeling terrible just sitting at home day after day. I have been recieving treatment for the rsd for over a year now and haven't gotten any better, when will they decide I am permanent and stationary? Anyway, if someone could explain to me how the voc rehab works and when I should ask about it or have my attorney ask for it I would be grateful! Thanks a bunch!
 


Beth3

Senior Member
If you have a WC attorney, he or she is being paid to answer these kinds of questions for you. Which is not to say that you shouldn't ask them here, just that your attorney is in the very best position to advise you - and SHOULD be advising you when you have questions and concerns.

In any case, I would guess voc rehab will not be considered until you reach MMI (maximum medical improvement) and permancy is established.
 
K

kari71

Guest
thank you Beth,
As for my attorney answering these questions, she has not been very forthcoming with explaining the wc process. I have asked her about this before and she has never given me a definitive answer. Yes, I have thought about changing attorneys but this attorney has been with me for about 18 of the 22 months I have been dealing with wc. She hasnt done much, its hard to get ahold of her, and when I ask her a question she basically tells me that I don't need to know the details. She is rude and always seems to be in a hurry. Whenever I call her office I get an answering machine that says if a message is left she will get back with me within a few hours which normally turns out to be a few days (and quite often turns out to be never getting a response from her). A couple of weeks ago she sent me a letter stating that the appt I had with the orthopedic surgeon would be my last appt but when I went to the Dr, he didnt know anything about that and even started me in physical therapy. When I asked her about the letter she sent me her reply was "Treatment will have to stop at some point so we can settle the case". I have RSD, I dont see a point in the near future when my treatments will be able to cease permanently, especially my pain management treatments as they are the only thing that seem to give me any kind of relief. My main concern with finding a new attorney is I do not hold alot of faith in the fact that if I hire a new one that the new attorney would be any better than the one I have now. Also, I am not quite clear how it would work payment wise if I were to fire her and hire another attorney. Would they both then wind up getting 15%? I am so confused! Again, thank you for any advice you can offer.
 

Beth3

Senior Member
If your change attornies, your present attorney is due compensation for the work she did on your claim but I'm afraid I cannot say how that works. Presumably she would receive a prorata share of any compensation/settlement you receive. What I can tell you is that if my attorney was rude, couldn't bother to explain things to me, failed to return my phone calls, didn't do much and told me that I don't need to know the details (excuse me?), I'd be looking for a new attorney pronto. She works for YOU.

I suggest you meet with some other WC attornies and see if there isn't someone you feel more comfortable with and who you feel will represent you more aggressively. If you decide to make a change, you can ask your new attorney how their fees will be handled.
 
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kari71

Guest
Thank you very much Beth!! I really appreciate your quick replies. I am going to make some appointments to consult with other wc attornies today! You are great!

Again, thank you!
 
K

kari71

Guest
Can anyone add to the information about voc rehab? I have been searching online for information on how it works in California and haven't found any of the answers yet. Any help would be appreciated. Thanks!
 

Beth3

Senior Member
Why don't you just call CA's Worker's Compensation Division? That would be the easiest way to get your questions answered.
 

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