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  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Default Workers Comp Denial

    My question involves workers compensation law for the state of: Indiana
    I am a haul truck driver at A block quarry with neck problems that started due to an incident on aug. 4th. that whipped my neck-I kept on working while after the incident the pain was mild and I only had slight stiffness the next day, I did however take a picture of this incident to have it so I could use it to complain to the supervisor, the pic was of a large block lodged in my truck and the injury resulting when the block was attemted to be removed the wieght of this large block being at the rear of the bed- the loader tried lifting it out when the forks slipped off the block and the truck went staight up and down and my bed lifted up and slammed backwords(it dish ragged me). I work from 3-11pm. at 9:30 that wednsday (same day as incident) I recieved a phone call from a family member saying my grandfather had passed and I left work and didn't return until following Tues. I had forgotten about incident and all pain and stiffness was gone untill half way through the shift I began getting slight dull pain and a headache after beating around and being loaded and the jarring thats apart of dumping the gigantic Blocks. I took some Ibprofen and kept on going. This seem to be a nightly routine until sept. 7 I was jarred again from the loader dropping a block in my bed and "dish ragging me once again". On sept 7 I woke up and couldn't move my head hardly at all. I called in to work and said I sprained my neck last night and they said they could get by without me and to go get it checked out if I had to miss another day. The following day I seen a doctor and told him I think I sprained my neck and we didn't talk about how or where. he said yep I agree but Im gonna send to another DR. down the street for x-rays as a precaution. I went and they did xrays and they ordered an mri to be done the next day. note: I still think I only have a sprained neck... I called that doctor saturday and told them I couldn't get out of bed that morning and omg it hurts so bad and they told me I had some herniated discs in my neck and the doctor would explain everything monday morning. I went in there and the doctor told me that I would have to change my occupation I could no longer sustain that type of job duty and said two protrusions was minor but one was very severe impinging on my spinal cord and some nerve explaining some shoulder issues I didn't know was the same issue.
    I then called into work and had them file a WC report- This made them act mad at me. and the next morning after a case manager at wc contacted me at 7am and woke me up and recorded my statement and I told them that i think this is just a condition thats occured over the past few months from being shook up and jarred in the haul truck(i am so stupid) 5 weeks went by and she called and said my case is week and she thinks my condition is degenerative and spondylosis is whats causing my issues which it had explained to me by the doctors that Im to young for any type of degenerative condition. I told her that I haven't been able to get anymore treatment because my ins. wont pay because its a work related injury and she said if I would go to one of there doctors they would see me understanding that my claim is pending. OK I went and seen there doctor and they said what my doctors did but told me I couldnt return to my job without surgery but not to worry if they removed that disk atc6-7 that I could return to my job most likely w/out restrictions. (Im Scarred) and have surgery date for 11/11. That same day I met the doctor a investigater came to the house and got another statemnet and was very nice tried to act like he was my buddy and I showed him the pic I had taken on aug.4 and then gave him the pic. a week later they denied me. said that my condition is degenrative, I wasn't at work on the 4rth to take that picture because I was out due to death in family and geuss what I called into work and they gave them evidense I was gone the entire week! (what!!!)I have the properties on my phone that shows the date and time taken, my paycheck stubs, and a witness. I was at work on the 4rth until I left at 9:30. And they said I could not give them a proper date or pinpoint the day I was indeed injured. I have a family of five that is really feeling the burden of lost wages, I hired an attorney though so who knows. Anyway my short term disability wont pay because "its a work injury" despite being denied by WC.
    No ins. still What the hell does a guy do. I got food stamps but that still dont pay the mortgage or the vehicle payments. Help-- anyone

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Workers Comp Denial

    Your post is VERY hard to read with no paragraphs and no white space. That huge block o' text is quite daunting. If you edit it so it is easier to read, you will probably get more responses. I can't deal with all that writing in a dense block.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Workers Comp Denial

    Consistent with your lawyer's advice and doctor's interpretations of your medical record, it may be possible to work with your lawyer to try to establish that even if your underlying condition is degenerative disc disease it was rendered symptomatic and disabling by the work-related injury. Your lawyer is, at this point, the best person to advise you as to strategy.

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