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  1. #1
    Join Date
    Feb 2006
    Injured in Washington State

    Default Second On-The-Job Injury and Comp Benefits

    While working at Fed Ex and recovering from one Injury i received another Injury.
    I fell and caught my entire body on a flat hand and straight arm. I hit my back on the desk and then the floor. Injuring my right upper side of my body. I went to a doctor recommended by the private workers comp insurance.
    I was diagnosed with cervical strain and sprained wrist. I was sent to purchase my own wrist brace and provided with a cervical collar.
    The only xrays taken at the time were to the neck and wrist.
    I wore the collar for about a week when I was informed that the Physicians assistant had given me the wrong collar it was too tall I had spent a week looking for the most part at the ceiling.
    I went into physical therapy and started making progress, but reacfhed a plateau where i just wasn't getting better. i expressed concern to the doctor and the therapist that there was more going on because I hurt in the shoulder elbow and neck. I continued to have severe headaches.
    I was sent to a specialist for an MRI of the neck. They said there was slight misalignment and slight bulging but found nothing to cause all the problems I was having.
    In the mean time I was laid of from the job right as I was allowed to go back to work with out restriction.
    I then contacted workers comp and the doctor about trying to relocate for employment purposes. They all said no problem I could continue treatment with a doctor they would refer me to.
    The doctor theninformed me that he was puzzled by my plateau and wanted to recommend that I see a specialist to find out if something was missed.
    I moved to Ohio. I tried to follow through with the doctors unfortunately no doctor in Ohio from the referral would ee me on an out of state claim.
    I gained employment and still tried to locate a doctor.. because I was at a branch of Fed ex I tried to use a doctor that they recommended again no one would see me.
    I finally contacted the insurance company and said they had had to do something to get me a doctor. My conditin was starting to regress with out care.
    They sent me to several doctors( 4 in all) and I have again gone back to therapy. I have since quit the job because of the inconsistency and predjudice and coupled with being in pain every day all day made it mentally more than I can take.
    Ihave now been through two more MRI's and more xrays of the shoulder blade and shoulder joint rotator cuff.
    It has been determined that I have asmall tear in the rotator cuff( which after looking up the symptoms is exactly textbook as to what I t6old themI was having all along) and a chronically bruised well as spurs which the doctor has said is typical with this injury.
    He offered me three solutions as follows
    1. I can learn to live with it and take over the counter meds and learn to adapt my life to it
    2. I can try to take additional shots and try additional therapy but ultimately i would probably need to learn to live with it and adapt my life to compensate.
    3. Surgery with a 65-80% success rate. But that I would not be able to work for at least 6 months and that there was no garauntee to 100%.
    He said emphatically that i had a limiting disability and at this stage with out surgery am probably not going to be able to do the lifting of waehouse work or the Health care I did before FedEx.
    Now the comp is saying they may want another opinion and then to decide if this is consistant with the initial injury.
    I need to know if in acordance with Washington State am I required to have the surgery?
    If I dont have the surgery are they required to compensate me for the limiting disability and range of motion loss and pain?
    If I do have the surgery and it stays at partial disability do they have to pay?
    If I have the surgery and am unable to get employment while recovering are they required to compensate me for recovery time?
    I cant find an attorney because they too refuse to help because its out of state.
    I would welcome some help!!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Second On-The-Job Injury and Comp Benefits

    Quote Quoting Thereca
    I cant find an attorney because they too refuse to help because its out of state.
    Try finding an attorney in Washington, as opposed to Ohio.

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