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!
Congratulations! They keep telling me at my job (lunch lady at a public school), that we don't have worker's comp and that if I get hurt on the job, I'm S.O.L. I thought there was a law that every employer had to have WC insurance, but I keep forgetting that Alabama is not like everywhere else.
ReplyDeleteIf you are a direct hire and not there under a contract, generally you should be covered by comp. Also, there should be a sign stating who the carrier is in plain site. Calling the department of labor should take care of that too. They can let you know (that is, if you can get through to a live person). If they aren't posting the information, that is a violation in most states.
DeleteVery glad you won! I think the WC people assume everyone who files is trying to get something for nothing and is either exaggerating or lying. I would have been absolutely infuriated if it had been insinuated that I was lying.
ReplyDeleteIt was hard to stay quiet! I think the cost to fight my claim cost them three to four times the amount of the value. The carrier's counsel was slime!
DeleteMy wc case was a nightmare. I was told by my attorney that someone at my doctor's office saw me swinging my grandchildren around in the park, lifting them easily, and running. My grandchild lived over 1000 miles away and had not seen me in years and had never visited here. However, where the person reported me was 60 miles from my home. It was clearly a lie.
ReplyDeleteI could write a book about how I was treated by insurance, nurse that had my case, and about how I was treated as I worked without surgery on my knee, and was eventually fired.
I hope you truly did prevail.
I work in the benefits industry and I know trying to get treated through my private insurance would have been fraud. But I no longer trust the system and I know I had it easier than most. I am interested to read the written judgement because this case truly was a waste of Court time.
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