Workers Compensation in Minnesota
Ok here is my story:
IN Sept 05 I was putting stock away (that is/was my job frieght at a home improvement store). I was trying to move a box that was in the wrong place. the box tipped up pinching my right wrist between it and the shelf board above. I looked at it but saw nothing wrong. WIthin less then a half hour I had a hematoma in the spot that was pinched, I went to Assist. Manager he rigged up an ice pack and told me to keep it in place and to let him know if I wanted to go to Dr. Well the ice pack didn't stop the swelling so I decided I better go before it burst and I bled to death (just kidding).
After filling out all the papers the Assist asked if I wanted to go to Dr in town I was in or closer to where I live. SInce I was there he called the clinic in that town. (does this mean I picked the Dr? It was whoever had a open spot not a family dr or anything). To say the experience with the claims adjusters for the insurance company was a hassle is putting it mild. If I did get to talk to them the excuses they gave me for lack of approval ranged from "Never got request" to "Injury wouldn't cause an lasting problems" or they just never returned calls. Was referred to specialist and he requested permission to test for carpal tunnel, that was Nov or Dec of 05 never got response, claims adjusters didn't return calls. I was placed on restrictions by the first Dr (no gripping, pulling, grasping and weight restriction of 10 lbs) and kept on them by the specialist. I was assured that if I had restrictions they had spots I could work in answering phones etc (That never happened was in my same spot).
Fast forward to Aug 06, helping an fellow associate with a large box, not violating my restrictions. Wrist flared up and hurt like crazy, because supervisors saw me favoring it they told me to go talk to HR and get it documented. Sent to Dr again and amazingly got the same one I had the first time around. I didn't recognise him so was telling him the orginal injure etc and he actually remembered how large the hematoma was etc. (must have been bad for him to recall it almost a year later!?). He said to stay on the restrictions he again referred me to specialist. It wasn't approved in a month and a half so I made an appt with my family Dr who again reffered me to specialist. This time it was approved saw the specialist who was TOTALLY Pissed that I was still dealing with this and the insurance company was jerking me around. He again wanted to do the testing for carpal tunnel, which was finally approved (after he hinted that I may have more severe damage from the delays and I was possibly thinking of seeking legal console). Test showed mild carpal tunnel, referred to another Dr for cortizone shot. That was approved quickly and I had 2 weeks to get it done. Got the shot in Jan or early Feb of this year (07). I was called into HR office on Feb 22 and told that company policy is that if a worker is on restrictions for more then 90 days they have to be put on LOA,until such time that employee can return to work with no restrictions. SO I was being put on LOA either the end of my work week or that day. It was up to me. I finished the week.
Interestingly enough I had a follow up appt with the Dr that gave me the shot the next day (Feb 23). We reviewed if the shot had helped helped with night time symptoms but the work day ones were the same (which is common). Then I told him I was being placed on LOA until I could go back with no restrictions. We discussed the possiblity of that happening without surgery, not likely because I would have to be very very careful. Since I didn't always get help with restrictions chances of getting help with out them was not likely. After I had come to the conclusion that the only way to go back was after having the surgery he agreed. He didn't want to tell me that so that I felt forced to do it. He sent letter requesting approval for surgery (let me tell you I didn't make that decison lightly, I hate anything to do with Drs and especially surgery!).
Last week the clinic called and told me they had approval for surgery, that same day however I recieved a letter informing me that I was being sent to city 209 miles from my home for a IME. There had been some hinting that this was going to happen when I was being placed on LOA and HR called the claims adjuster.
I have since found out that my claims adjuster called the clinic and left a voice message that " SUrgery was canceled until I had the IME to determine "Cause Ability"." The clinic put the message in my file word for word because it was so strange. My claims adjuster (who was changed again and no notification sent to me that it was happening................ this is the second or third time it has happened I go between to gals it seems) hasn't returned any of my calls since this all came up. This is the same one that told me last Fall that nothing would have been approved in 05 for testing because the injure wouldn't cause carpal tunnel. I have told all the Drs that comment and they state she is wrong about that. I even have copies of my medical records in which the Drs make that statement.
So thats my story and these are my questions
If they send me to this "INdependant" Dr and he states that the injure couldn't result in carpal tunnel what is my next move? Do I request another Dr to evaluate? If that happens what happens to my job? I can't go back w/o restrictions.........
Can I lose the WC pay compensation I am recieving and would I have to repay what I have recieved?
Should I consult with a lawyer prior to the IME appt if possible?
Thanks
Melly
PS
I have followed all the reporting steps, given my statement when the injury happened and the reinjure. Was required to give another statement last week because I am on LOA now.
Last edited by Melly; 03-14-2007 at 12:19 AM.
Reason: corrections and additions
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Re: Workers Compensation in Minnesota
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