Monday, April 10, 2017
I Think I Won!
My posting on this blog has been sporadic because I had nerve issues related to excessive hours at a cramped desk (like 12 hours a day for a month or so straight, no breaks during the day) that made it impossible to do anything in front of a keyboard. I still have issues which I am trying to manage through rest, physical therapy, ice and pharmaceuticals. Up until this point, the comp carrier had denied all of my prescriptions, which was also ruled in my favor today.
The crux of the case against me is that I've had a relationship with my chiropractor going back a number of years. I was asked during testimony if I was ever treated for my current injury before, and I answered truthfully that I had not. I have had a few lower back issues over the last 8 - 10 years and have needed 11 adjustments for my lower back in that time. The judge declared that was not any sort of proof that I had a pre-existing neck and elbow injury. But that was the total case against me. The opposing attorney insisted I'd lied on that question, therefore I was not credible and none of my testimony should count.
I am very mad with my employer as I was instructed to file the comp claim. Never did I expect I'd have to litigate in order to have my claim paid. Although it was a relatively small amount, I had no choice and wasn't willing to give up. If anyone else finds themselves in this position, beware. Comp carriers have a plan: Delay, Dispute, Deny. Once you are in the situation, your employer, for the most part (at least in my experience) doesn't want to have anything to do with the process and will not advocate for you. What's strange is that they've paid for coverage they effectively aren't using. In my case, fighting my case did cost more than the value of the claim.
The system is broken, employers don't care, and mostly we have no choice but to get legal help. Luckily, I had a nice attorney and good doctors. I won't know for sure until I see the written decision, but from what I can tell, my argument prevailed.
Now I want to get on with my life!