workmans comp

[Kjs]

two years ago I suffered injuries to my elbows from lifting non stop at work. It was an inbetween career job, job. Working in a warehouse unloading pallets, loading pallets, 8 -12 hour a day. I complained about elbows but boss just blew me off until the night both elbows were swallen. They sent me to the hospital, then to my doctor. doctor had the whole bit, xrays, therapy, cortisone shots..then said surgery. Well, right elbow was the worst at the time (right handed). Workmans Comp sent me to their doctor who noted both elbows were affected. They approved surgery. Was told elbow would take one full year to heal. Recieved cortisone shot in left elbow in Feb. 2006, and surgery on right. After 6 month check up and Functional Capacity testing it was determined I had 3% permanent disability in right elbow. Case was closed in January 2007. I called insurance and asked what to do regarding left elbow since letter stated case was closed. I was told after one year to call them back when ready for treatment on left. Left is so bad I cannot lift my arm. Must take right arm to physically move left. So, I called insurance company. Agent who worked with me is no longer with the company. New agent insisted it couldn't possibly be from the same injury 2 years later. (18 months). Insisted I injured on my new job. I sit in a chair and monitor computer systems. Then insisted I injured it in my free time...WHAT free time?? Then I was told I had to Prove it. It was my burden to prove. So, went to my doctor and he faxed in notes. Then insurance man said, still cannot believe it and they will send me to their doctor. (which is what I asked and he said NO) So, now waiting for information and appointment. time. I wonder if they will send me to the same doctor they did last time or a new doctor. Previous doctor did say in his notes BOTH elbows. Was told they cannot do anything about what previous worker told me. I did what I was told to do....can only have one elbow fixed at a time. Year was up in February. Now what do I do? What if they tell me no??

 

[LittleDudesMom]

Well, the first thing I would do is stop wondering about the "what ifs" and go see their doctor first. You have all the documentation you need to prove this is related to the previous job. Workers comp insurance is very expensive to the employer and the insurer will do anything they can to get out of paying a claim.

Go see their doctor, then work on what to do from there. You have enough in your place right now and this could come through just fine.

Keep us posted.

Sharon