Workers Comp is Not Paying
I was hurt at work catching an elderly patient in the hospital I work at. I'm and RN with 30 yrs experience. This incident occurred on May 30, 2008. I filed and incident report and was seen in the ER after my shift because my low back started to hurt. I had to go the physical therapy to have an Functional capacity exam done to be approved to return to work. Needless to say I failed it and was sent back the to ER to get muscle relaxants and pain medication. The ER doc did a half ass exam, told me to do exercises which increased the pain and gave me an anti inflamatory and told me to go back to physical therapy on Monday as this was a Sunday. I did as I was told. I also called to schedule an appoint with the workers comp doctor that my employer told me to see. I went to PT and saw the doctor. I was told it was a severe strain and sprain. By the next week I had pain going into my right leg and I couldn't even lie on my Right side I continued with PT, had back xrays and an MRI which were essentially negative except degenerative changes. ON my own I saw my family doc who immediately referred me to a pain specialist. The pain doctor recommended a SI and hip injection due to SI dysfunction and bursitis of the right hip. He aslo said I had pirformis syndrome and ITB. In August after I saw the pain doc I finally saw an orthopedic doc that the comp people scheduled and he recomended 3 epidurals. Confused as all get out cause the ortho guy and pain guy disagreed I went back to my family doc to see what to do. I chose the SI and hip injection because they are less invasive. So far I have had 3 SI injections (the max for the yr) and two hip injections. I have gotten pretty good relief from the hip injections but little relieve from the SI injections. They help for about a month. I have also gone to PT for 12 weeks with little relief.
I was told by my employer that I would receive a denial from workers comp but not to worry it would be approved. Well to make a long story short it was denied and I had to file a petition. I got a court hearing and went with my attorney. No one from the hospital or their insurance carrier showed up. I answered the judges and lawyers questions and was told another hearing would be scheduled. The second hearing an attorney for the insurance carrier showed up unprepared saying she never knew about the first hearing. The judge was obviously ticked, but he said I had to have an IME done before he decided the case saying the other side would just appeal. Well I had the IME done and the guy didn't even do a true exam. I had a heat pack on my lower back and he didn't even know it. He put that I could return to work full time with no restrictions.
It has been over seven months since I filed my initial claim with WC. TO date I haven't gotten a penny from them. I had to give up my apartment because I could afford to pay for it, plus I needed help to complete daily activities. This forced me to move 200 miles from the county I filed the claim in.
I just got a letter from my attorney stating that I had to return to work and I needed to send my employer a letter stating I was willing and ready to return to work. I have an appointment with my family doc tomorrow. I know I'm not able to return to 12 hour shifts. I cannot sit, stand, or walk more than 15 mins and there is no way I can lift 40 lbs from a squatting position. I am scared to death that I"m going to be in more pain than I can stand. I have become a hermit because any activity increases the pain. I rarely sleep due to the pain thus the 3am post.
Do I have to return to work if my family doctor advises against it? I really don't like or trust the attorney I have. I spoke to him on Jan 2nd when I got a copy of the IME in the mail and he said just ignore it that doctors always sends people back to work. Then today Jan 5th I get a letter from him stating I have to return to work. I"m clue less as to what I should do. I"m afraid if I have increase pain it will send me over the edge. Any advise is appreciated. Can I have a change of where the WC hearings are since I know live 200 miles from where the original hearings were heard. Nothing was accomplished there, so I don't see why not.
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