The Work Comp Conspiracy

LOL "snot" is probably the most accurate and - let's face it - visually mesmerizing picture of disc material that's ever been spoken.

"Snot" is very, very accurate.

Thanks. Now I have a wonderful, wonderful aid in explaining to two 12 year olds exactly what's involved in a "slipped disc", for their school project.

Snot.

That's pure genius.



[edit on 8-7-2005 by Tinkleflower]

Glad to be of help in some small way. I have a six-year old son who gives me plenty of reminders of what disc material is like.

Originally posted by Icarus Rising
darkelf,

Tell them you need to be re-evaluated, find a doctor who will listen, get the diagnostics you need. Don't give up! Thats what they are counting on. I seriously think that most work comp lit firms are waiting for you to give up or die. They have a bunch of slimy, sell-out doctors working for them who understate permanent disability status and block treatment, like my personal favorite, Dr. Ronald N. Kent, M.D.,Ph.D., Neurology.

All of my request for re-evaluation have been denighed. They keep saying that nothing is shown on my MRIs that would explain my constant pain. I have been unemployed for almost two years now. And the worst part is whatever they give me for pain ceases to work after a few months. Workman's comp payments ended last November. Right now, I'm living off of my VA Disability from my time in the Navy.

As for staying on social security or other "handouts", I was on SS once. But I worked very hard to get to the point of being able to support myself and get off of the SS. It took me 10 years to get there and one accident at work two years later to get right back from where I started.

Peole who are injured on the job and unable to continue work suffer more than physical pain. They have to deal with the reality that they can no longer do the things they once took for granted. Weekly shopping for groceries wears me out for the rest of the day. Yard work is no longer an option. I have to hire someone to mow my lawn. I used to camp and hike, but no more. I can only sit at a computer for 15 min before the pain sets in. I now use a laptop while reclining in bed.

Depression is also common among us disabled. I have had to deal with the feelings of failure because I am no longer a productive member of society. Thoughts of suicide are not uncommon, although I'd never do it. But sometimes it pops up as an alternative to living in constant pain.

Then you have family and friends who know what you are going through, but really don't want to hear about it. So unless you have someone like I do to talk with, you're pretty much ostricized.

I still try to get around. I refuse to let this or anything else get me down enough to give up on life. Just wanted to give those of you who have never had to go through this an idea of what it is like.

o.p. by me
It is after we are rail-roaded through the system and given bogus PDS (Permanent Disability Status) by slimy, sell-out doctors who understate the severity of our impairment that we are really screwed, blued, and tattooed.

At times like this old song lyrics come unbidden to mind.

I don't know why
I don't understand
How you sold me down the river
SOLD ME DOWN THE RIVER

The Alarm: Sold Me Down The River

Actually, I do know why, and I do understand, but that is another story entirely.

So, I still can barely walk, I can't push a first grader on a swing without having life-threatening, jack-knife abdominal spasms, my condition continues to deteriorate, but my AME told me I need to "get off the dole" and return to work. I have had no medical care, no vocational rehabilitation, no permanent disability settlement, nothing.

After my last visit with my AME, I received a package from my work comp insurer representative that included two letters from the same person dated the same day. One letter said my AME had determined that I had completely recovered from my injuries and there would be no permanent disability. The other letter said due to the effect of my injuries I would be unable to return to my previous employment. (???????) My disability benefit was reduced by 70% on the spot (thank God I have SSD to compensate somewhat), and at my mandatory settlement conference this past Tuesday, they offered me a settlement based on an apportioned permanent disability rating of 14%. What a joke!

The problem, for them, is my strength of spirit, my size, and musculature. To look at me, you probably wouldn't think anything was physically wrong with me, in fact, you might be a little intimidated. The truth is my body is but a shell of its former robust self. My spirit continues to come shining through, though. The truth is my body is good for nothing more than a short commute to a desk job, or a work from home business, if that. I should probably try to get a wheelchair soon. Oh, well.

There is another doctor out there I want y'all to watch out for, and stay away from, if possible. My AME. I will post my response to his last examination and "get off the dole" proclamation below. You asked for it, Harvey Wieseltier, MD, you hack croaker!

Dear Dr. Wieseltier,

I am writing to comment on the A.M.E. you performed on me in your office today, specifically your assertion that I should “get off the dole and return to work,” and your inability to grasp the neurological component and extent of my injuries. These matters are truly “beyond your expertise” as you so succinctly put it. So, apparently, is the tact and professionalism and thorough attention to detail that one would expect of someone in your position. I am outraged by the way I have been treated by you throughout our painful association.

To begin with, the last time I saw you, in December of 2003, nearly two years ago, you repeatedly badgered me about the surgical option, saying “do you want more surgery?” three times over in some kind of accusing tone without even letting me answer “no, but I might need it.” When I told you I was having great difficulty walking, which I still very much am, you went on to say, “How well do you need to walk, anyway?” You invited me to show myself out in a completely dismissive manner.

Today, you insisted on referring to your Medical Association Rating Handbook for ROM orthopedic ratings when it is obvious to everyone but you that my case has a neurological component and you are completely ignoring it. Why? You brought up surgery again today after you browbeat me about it last time like it was something I hadn’t considered. I tell you I’m having powerful, nearly convulsive abdominal muscle spasms during major flare-ups of my condition, I even had a couple small ones today as you were examining me, and you say that’s “beyond your expertise” and it must be gastro-intestinal. When I say that I have had CT scans rule that out, and I’m not faking it, you say, “that’s it, we’re done,” and you get up and walk out.

Just because all I am taking for pain is Ibuprofen, and I won’t allow an implanted morphine pump or electro-stim device doesn’t mean I am not in severe pain most of the time. Quite the opposite is true. In the past four years I have taken as much Vicodin, Flexeril, Ultracet, Skelaxin, Neurontin, Vicoprofen, and Feldene as I can stand without having treating my pain add more serious and debilitating ailments to the ones I already face. I won’t be able to take Ibuprofen much longer, either, because my stomach just can’t handle it any more. I spend an inordinate amount of time doing pain management as it is. It has really become an effort in pain tolerance for me. I have been waiting a year for my work comp insurer to give me a pain management referral approval. That’s why I told you I was “switching to prayer.” I wasn’t kidding.

But I somehow think you must be kidding with the way you are handling my case. I want to get back to work just as badly as you want me “off the dole,” but pain and nerve damage and loss of muscle in my legs are preventing me from doing it. That’s why I asked for a Total Gym, and willingly sacrificed my supposed opportunity for PT in order for you to recommend it. I am very much trying to be pro-active about my future and find a way to return to work, and the sliding bench offers me a chance to get a CV workout without my nerve damage shutting down my legs first. I can hardly walk, and any kind of moderate exertion causes a bad flare-up and triggers convulsive abdominal muscle spasms. At this point, I am unable to sustain a level of activity that would make me a viable full time employee. I urge you, as my A.M.E., to consider these facts and take the appropriate action to rectify what are potentially grave mistakes before submitting your final report.

Sincerely,

Icarus Rising


So there you have it. I would also like to thank Gov. Arnie for gutting the system and changing the rating schedule to satisfy special interests and the opiate lobby. Peace to all of you scumbag sellouts out there that are enabling this failed system to ruin the lives of good people who have the misfortune to be injured at work. You are all a bunch of crooks, and your reward for your actions, God willing, will make anything I have gone or will go through pale in comparison.


[edit on 26-1-2006 by Icarus Rising]

I just realized I haven't provided a single link to back up my claim there is a conspiracy afoot masterminded by the political machine behind Arnie, the same political machine that is behind most of the problems facing the average American today. Injured workers in California are a glaring example of what this machine intends to do. Watch out, you may be next to feel the brunt of their agenda!

It's true there were real problems with the system. Skyrocketing insurance rates were hurting businesses, and the insurance companies were still reeling from 9/11, a slow economy, and the unintended consequences of California's 1995 deregulation of the industry. And there was naturally some waste and fraud associated with the massive state bureaucracy.

The law – passed last April by the legislature as Schwarzenegger threatened to bring even more stringent reforms to the ballot – cut costs in several other ways as well. It limited compensation for lost wages, gutted the state's job-retraining program, gave insurance companies the right to strictly manage medical treatment, and – perhaps most significantly – slashed the amount of money an injured worker can get to pay for the medical costs that will come with a lifetime of disability. Rules being promoted by workers' comp chief Andrea Hoch have made these changes even more severe.

The state hasn't done a study to show how payments for permanent disability will change, but according to UC Davis researcher Paul Leigh, those benefits will be cut by as much as 70 percent. A carpal tunnel syndrome patient he cites would see her payment – meant to cover medical care for the rest of her life – drop from $116,000 to just $17,000. Why? Much of this disability is measured in pain, and after the initial treatment, pain no longer counts.

How Schwarzenegger is saving Wall Street by decimating workers' comp

The RAND institute is conducting a study of the CA Work Comp system. YOU can contribute. I am certainly going to.

Letter From the RAND Institute

I'm so going to get flamed for this.
First, I've been on WC 3 times. Each for around 3 months. The first question asked by my case worker was, " Do you have a lawyer retained" ?
Each time, the answer was "no". And, each time, I was treated to the utmost of my expectations. Medical bills were paid, medications were paid, and the top of my states WC limit was paid to me.
I've yet to meet ANYONE that has a disability, that cannot provide some sort of worthwhile service to their community, that will pay a wage.
Everyone can do something.
Steven Hawking comes to mind.
My-self ? I've had bi-lateral hip replacement, and the bone disease (Avascular Necrosis) is slowy ruining my knees, but I still function well as a diesel / heavy equipment mechanic.
Could I bitch and whine, and draw a State check ? Sure. Will I ?
Not until they take the wrench from my cold dead hand.
Are those posting here in pain, disabled ? I'm sure. Should they expect someone to just take care of their lives using my tax dollars ? I think not.
My point ? You CAN do something. Trust me.

Been there, went on,
Lex

I'm getting to that point. I can't wait for the day I get loose from this failed system and get on with the rest of my life. It won't be much longer, either.

I still think it is important to point out the grave flaws and exacerbating solutions that are major pitfalls for the injured worker. I'm very thankful for my lawyer, as he is my only advocate, and I rely on his experience and capabilities.

I'm not asking for your pity, and I don't want it. It sounds like the three WC injuries you sailed through were pretty straightforward. You are a success story, and I'm sure you can still remember when you were struggling through your injury and trying to get back to work or whatever you went through to get where you are today. I can only hope my one disastrous experience turns out so well. Things are different today.

We are really getting ready to go at it now. Today I received a letter from my out of state, third party, work comp representative stating my voc rehab benefit was being terminated for failure to participate. Here's another one to stay away from, if possible - Crawford & Company. They are the most inept, most nefarious, most irredeemably corrupt and dysfunctional work comp insurer in name only that I have ever come across. I will bury them and everybody else responsible for the miscarriage of justice that my work injury and attempts to recover and return to work have become, if it is the last thing I do. They are messing with the wrong guy, I assure you, and all of them, of that.

I was just in contact with my voc rehab consultant at Rehab West last week, and we were waiting on authorization from Crawford & Company to proceed with the consultation and placement in a voc rehab program. I made it abundantly clear to them that I wanted to use my voc rehab benefit, and I have been waiting to get started for a couple months. I am well within the time period allowed for accessing the benefit, and I was looking forward to being a step closer to returning to work.

I really think they did it in order to force me to settle for the joke of a permanent disability settlement they've offered. They know I barely scrape by on the funds I receive as it is, and they just deprived me of a third of my monthly income, just like that. Bankruptcy, here I come!

Again, my attorney is my only advocate, and based on our consultations with the judge, and my doctor's (not Wieseltier) concerns about the convulsive abdominal spasms I have, we are going to petition the appeals board to get the medical and vocational rehabilitation care I need, regardless of what Crawford & Co., or Wieseltier think. I will hold on until I get the medical care I need and the benefits I am entitled to under the law.

Originally posted by Lexion
I'm so going to get flamed for this.
First, I've been on WC 3 times. Each for around 3 months. The first question asked by my case worker was, " Do you have a lawyer retained" ?
Each time, the answer was "no". And, each time, I was treated to the utmost of my expectations. Medical bills were paid, medications were paid, and the top of my states WC limit was paid to me.
I've yet to meet ANYONE that has a disability, that cannot provide some sort of worthwhile service to their community, that will pay a wage.
Everyone can do something.
Steven Hawking comes to mind.
My-self ? I've had bi-lateral hip replacement, and the bone disease (Avascular Necrosis) is slowy ruining my knees, but I still function well as a diesel / heavy equipment mechanic.
Could I bitch and whine, and draw a State check ? Sure. Will I ?
Not until they take the wrench from my cold dead hand.
Are those posting here in pain, disabled ? I'm sure. Should they expect someone to just take care of their lives using my tax dollars ? I think not.
My point ? You CAN do something. Trust me.

Been there, went on,
Lex

If you were over your injuries in three months, and were able to return to work......you were lucky. Wait till you have an injury that keeps you in the bed for three months and then on strong pain medication for a couple of years.....the kind of medication that keeps you from working around heavy equipment.....and makes your thinking too groggy to get a job like Mr. Hawking's, even if your IQ is in the stratosphere, like his!

As to it being your tax dollars.......Workman's Comp is insurance, not government funds......do you use your health insurance when you're sick, or car insurance when you have a wreck?? Same thing

If you mean social security disability payments are your tax dollars....what about all those years ( 30 in my husband's case) the injured worker has been paying taxes into the system??

If a person is going to be required to work in spite of his injuries and disabilities, then the company that carelessly causes those injuries should be required to keep them employed after the injury, even if their capacity is severely diminished!!!! And....not be allowed to toss them aside like some used tissue!!!!

Maybe you will be able to hold that wrench when your hand is cold and just feels dead, but you are still very much alive and needing to eat.......maybe your employer will still want you around when you have to miss three or four days of work each week because you cannot even walk out the door, unless you're so medicated you are unable drive yourself to work!!

Come back after those knees are completely ruined and tell us how you see things then!...After you've walked the whole proverbial mile ......

PS.. Hang in there Icarus!!

[edit on 2-2-2006 by frayed1]

Icarus,
Please keep us posted. I wish all the best !!
Frayed,
By law, a company has to accomodate a worker, "within reasonable measure " and allow that person to work.
Am I continuing my profession with my doctors graces ? Absolutely not. I was advised, upon my dx that I should find "something else to do". I replied, "No, fix me". And, he did. To my satisfaction.
My Doc still shakes his head, upon my visits. Says I'm driving myself to physical destruction. What ? Am I to just give up ? Live off the govt. ?
Not me. Maybe I'm odd, but that's not my way.
Thanks for the input, and I wish the best for all.

Lex