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INTRODUCTION
This page of the Operating Engineers Local 9 Website is about workers' compensation. It is intended to be used only by the members of Local 9.
Work injuries can have major impacts. Usually income is reduced. Questions arise about the kind of medical treatment that is being provided. If your injury is serious, you may be unable to continue to work as an operating engineer and you may be uncertain what the future holds for your employment.
The Local 9 executive board recommends that you contact attorney Marshall Fogel for information and assistance with your workers' compensation case. Marshall's telephone number is (303)534-0401.
Regardless of where you live in Colorado, Marshall can help you. When you contact Marshall tell him you are a member of Operating Engineers, Local 9.
On this page you will find information about workers' compensation. Also, by using the e-mail format on this page you can ask Marshall a question about workers' compensation.
The e-mail address for asking Marshall a workers' compensation question is attorney@iuoelocal9.com . Marshall will provide a prompt answer to your question.
Your question and Marshall's answer will be posted on this page. That is because the entire Local 9 membership can benefit from your question and Marshall's answer. For privacy, only your first name will be given.
|
Colorado Workers' Compensation Time Line |
| Date of Accident | Compensability | TTD |
|---|---|---|
| Report accident immediately. Fill out an accident report and/or claim form. Demand to be seen by a doctor. | A
claim can arise from a singular event (i.e. falling off a ladder ) or a
condition of the workplace (i.e. lifting boxes over four years causing a
herniated disc in the back).
An aggravation, caused by the workplace, of any work related or non work related pre-existing medical condition can be compensable. |
Temporary Total
Disability is payable if an authorized doctor either takes the employee off
work or imposes restrictions the employer can't accommodate.
TTD equals 2/3 of the gross average weekly wage, including overtime and any benefits paid by the employer such as health insurance. TTD is based on the average weekly wage at the time of the injury. If the weekly wage is not constant, then a fair representation of a number of past weeks is considered. TTD is only paid during the period a person is not at MMI, After a person reaches MMI, they are no longer entitled to TTD. TTD and TPD are limited by the law at a fixed maximum amount that changes every July 1st.
|
|
TPD |
Authorized Medical Care |
MMI |
|---|---|---|
| Temporary Partial
Disability is a benefit for the employee when the authorized doctor allows
the employee to work a modified job that pays less than the average weekly
wage (at the time of injury). While working the modified job, the
employee receives TPD payments equal to 2/3 of the difference between the
average weekly wage and what the injured worker is currently earning.
TPD is only paid during the period a person is not at MMI. After a person reaches MMI, they are no longer entitled to TPD. TTD and TPD are limited by law at a fixed maximum amount that changes every July 1st. |
When injured your are required to receive medical care from doctors authorized by the employer. If you go to your own doctor you will pay for the care. If the employer doesn't clearly provide a notice of what clinic your are to receive treatment at, you can go to your own doctor until the employer later directs you to a medical provider. There are procedures for 2nd opinions to see doctors other than required by the employer. | The time the authorized doctor states that there is no further medical care that can improve the employee's condition caused by the injury. |
| Rating | Division Independent Medical Exam | Medical Maintenance |
|---|---|---|
| The impairment rating is given at the time the injured employee is placed at MMI. Ratings are not automatically the same for a similar injury. The rating system is complex. Determining the amount of money the injured worker is entitled to may require legal assistance. | A Division IME can be obtained if the Claimant is dissatisfied with the rating/or the finding of MMI. | Medical care after the rating is available in certain cases. This type of care may be necessary to maintain MMI (i.e. medication, physical therapy, follow-up appointments with an authorized doctor and future surgery). |
| Litigation | Pension, Social Security Disability, Short Term and Long Term Disability |
|---|---|
| Workers' Compensation laws allow for Judges to decide all issues in dispute. Under certain circumstances some claims can be appealed up to the Supreme Court. | All effect the value of a workers' compensation case. |
Mr. Fogel,
I have had
an umbilical hernia for about 10 years. My present job includes a lot of heavy
lifting and has increased the opening size, and discomfort of the hernia. I have
short-term disability, but was wondering if I should claim workers compensation.
I don't have a specific date of injury, but
Thank You, Rusty
Rusty:
Talk to your doctor to see if he will state that your hernia condition was aggravated by the work that you do. I can't tell from your note to me if the original hernia was job related or not and were you working for the same employer then as your are now. Can your present condition be successfully treated so that you can return to work? Answer these questions before you contact your doctor.
Regards, Marshall
My Name is Robert
I am a Local 9 crane operator
The Safety Director at my company has been helping me with an ongoing pain in my right shoulder.
The Workers Comp center, Concentra, through Pinnacle, has referred me to a surgeon, Dr Fallinger to perform surgery on my torn tendon.
My company has been very helpful in this injury but I don't know what I am in for.
Dear Robert. From your message it appears that you have a rotator cuff tear. Please correct me if I am wrong. Even after surgery, this type of injury can make it difficult to lift overhead. Additionally, you will lose strength in your arm. The surgery will result in a permanent impairment. The issue for you is whether you will continue to be able to perform your job duties. It is admirable that your Safety Director is helpful and concerned. However, the Director is not an expert in Worker Compensation, which is complicated. My suggestion is that you use the resources of your Local 9 benefits and contact me so that I can better serve you in answering your questions and make you aware of your rights and obligations under the comp act. Regards, Marshall Fogel, Atty 303 534 0401
Dear Mr. Marshall,
I have a question to ask you about my worker's compensation. I filed my injury report with my employer in June, 2002. I have followed all my steps and procedures. I was denied by the Insurance Company for my worker's compensation. The reason for denial was that my injury was pre-existing. They determined that from my doctors notes. I have had my condition since July of 2000. I had left my previous job and began working at my current job. At that time the doctor had taken me out of work to rest my arm (Cubital Tunnel Syndrome). I was given a nerve conduct test in Aug of 2000. My results show slight delay in the ulnar nerve, from the elbow. The neurologist gave me an elbow pad and told me that I did not need the brace for my wrist, that my case was mild and that I can go back to work. The elbow pad made a difference. Now at my current job my condition has gotten worse over the time due to repetitive motion. I reported the pain to my boss and filed the wc form. My doctor has taken me out of work. She is a hand specialist. She has performed surgery on my wrist, Guyance Canal (epocondilitis) and I had scar tissue develop. She will perform the surgery on my elbow sometime in December. What are my chances on getting what's owed to me? Very concerned.
Regards Rose
Dear Rose. First of all, I hope that your condition improves. I know this type of injury can be very frustrating as it takes a long time for improvement to show. You have a valid claim if you can prove that work for the second employer SUBSTANTIALLY aggravated your pre-existing injury that in fact the aggravation itself is what reasonably led to your surgery that you described to me. Now if your pre-existing injury was job-related and you filed a claim, then that may be important to you. Why? because your surgeon is the vital witness as to what will be the result. Your physician has three choices as to a written report. ONE your present problem is totally related to your old injury. TWO your present problem is totally related to your new injury. THREE that both worker injuries are combined to have caused you present circumstances. So Rose, write me again and tell me what is the opinion of the doctor and then I can give you the rest of the advice you are seeking, Regards, Marshall
Mr. Marshall Fogel, I was sent by work to see a Physical Therapist on instructions from a Workman Comp doctor and followed all his instructions. I also have been scheduled to have an MRI and possible surgery depending on the diagnosis of a suspected torn rotator cuff in my right shoulder, which happened on the job.
The question is, if I have to have the surgery, who is responsible for providing for transportation to and from Aurora to Thornton for doctor visits and physical therapy since I will not be able to drive.
Dear Daniel. The law is quite clear on the subject of transportation expenses. If you are receiving authorized medical care paid by workers compensation and you are using your car or the car of another the carrier must pay 28 cents a mile. The mileage cost applies to your trips to a pharmacy, therapy, hospital, and doctors office. If you need handicap assistance because you are injured in such a way that special transportation is necessary then the comp carrier pays. If you have no transportation, then the carrier has to pay such a bus or taxi expense. The carrier or a private attorney can provide the needed transportation expense forms to accurately record your travel mileage from one point to another. Good question. Regards, Marshall
Dear Marshall,
I was reading your page on Colorado Law. It states mileage is to be paid and the amount per mile.
Q: If the insurance company finds an *item* in your mileage report that they do not agree with such as two trips in one day to p/u a script, can they simply stop paying ALL of your mileage benefits? There was two trips in one day, the pharmacy said they were three hours behind. My condition would not allow me to stand for this time period (back injury and pain) I simply had to go home. I have not received mileage since June of this year. I have submitted mileage statements each month, yet no payments are being made. Finally they paid the last mileage statement for the month of November. Nothing was ever sent to me stating there was a problem. I sent many emails, and placed many calls yet no answers. Are there penalties for this type of action?
Q: Work comp accepted liability for my injury on my back. They calculated the weekly payments wrong. Overtime was never figured in to my weekly pay. Pinnacol was aware of this mistake back in June of this year. I just now received a letter stating the increase of wages, and the expected back payment for this. Again, are there penalties for this? Many times I requested information on why they did not adjust my work comp pay correctly. Never once did Pinnacol respond, nor raise my disability payments. What are the time frames for this? How do I find out more about penalties, fines, or even bad faith other than trying endless search engines that do not help much.
Q: and finally, can a work comp nurse call your physician and *cancel* scheduled injections? She refused to pay for them. I was never notified of the cancellation, and showed up for the injections on time. I also arranged for someone to come with me (who lost a day’s wage) due to not being able to drive home.
Can a work comp nurse do this? Can they also never notify you as to why they did this? I still do not know. I have asked, but nothing. The injections, after the Pinnacol attorney (their attorney) stepped in are now allowed. This attorney stated that he *thought* the doctor no longer wanted to do the injections. The doctor responded by saying "I never once cancelled this for my patient, your people did. Yes, I want what I ordered, I would not have ordered it if it was not needed".
Does Pinnacol have to notify me of this type of action? If putting this off caused me to live in more pain than I ever had to does Pinnacol have to pay any type of penalties, or fines?
Thank You,
Lauri
Dear Lauri,
Thank you for your questions as they’re important.
Sorry for the delay in responding to your email, I was having a problem
with my computer. As to your mileage
question, I read it two different ways. The
insurance company paid all your mileage or the insurance paid some of the
mileage. As to the first, if all the
mileage was paid and paid late, then the carrier cured the problem and penalties
would in all probability not be assessed. If mileage is still owed and if the
insurance carrier refuses to pay the just amount then the matter needs to be set
for hearing and a judge can order an amount certain to be paid.
Thereafter, if payment is not received within the time period set by the
judge, a hearing requesting penalties can be set.
As to the back payment issue, since the insurance company corrected the
matter, then penalties would probably not be assessed.
The bottom line as to penalties regarding your issues requires a
judge’s order to be violated where the order for payment by the carrier is not
obeyed within a specific time period set by the judge.
The judge looks to see if there is an intentional violation of the court
order. As to the problem concerning
the nurse, that was also cured before a judge’s order was violated.
Laurie, you are a victim of handling your own complex case without
legal assistance. If I can help you
further, feel free to call me at 303.534.0401.
Regards,
Marshall Fogel,
Attorney
Workers
Compensation
Safety Violations
A workers' temporary total disability payments, temporary partial disability payments and permanent disability payments may be reduced by fifty percent (50%) if:
1. The injury is caused by willful failure of the employee to use safety devices provided by the employer.
2. Where the injury results from the employee's willful failure to obey any reasonable rule adopted by the employer for the safety of the employee.
2. Where the employee willfully misleads an employer concerning his physical ability to perform the job and the employee is later injured on the job as a result of the physical ability about which the employee willfully misled the employer.
Note: Safety violations are complicated issues of facts.
Please feel free to consult me on this issue. It is not a violation of a safety rule if the conduct is negligent as opposed to willful. Willful means reckless or in some cases an intentional disregard of the rules.
Also, the employee is entitled to have reasonable notice of the safety requirements of the job. The best notice is one that is posted in a conspicuous place. If the employer has been issued a handbook of safety rules and it is proven that the employee has received such a handbook of safety rules and there is a willful violation of a safety rule, then there will be a reduction. The burden is on the employer to prove a willful violation of a safety rule.
Drug and Alcohol Use
Additionally, an injured workers benefits can be reduced by fifty percent (50%) when it is found that a worker, during working hours, is found to have a blood alcohol level of above .10 or at or above a lower level if set forth by the Federal Statute of Regulations. The evidence needed is a forensic drug or alcohol test that is conducted by a medical facility licensed or certified to do such tests. A duplicate sample of any test should be made available to the worker so that a second test can be conducted at the workers' expense. If the test indicates the presence of a substance or alcohol at such level, then it is presumed that the employee was intoxicated and that the injury is due to such intoxication. The presumption may be overcome by clear and convincing evidence.
Note: An employee is entitled to test a sample. That sample must have a chain of evidence which shows whoever handles the sample from the time it was withdrawn from the body of the injured worker to the time that it is tested and stored must be signed by every person handling such container holding the substance withdrawn from the employee. If that chain of evidence is broken or the container is missing and cannot be given to the employee, then the evidence is suspect and probably the results of the testing will be suppressed by a judge.
The injured worker has a right to file a motion to produce in order to obtain the necessary evidence from a licensed laboratory. Do not assume that all drug test results are accurate.
Remember, the injury has to result from the presence of the substance in the workers' body. For instance, if a worker is standing in a proper place and something falls on the worker and injures him, then just because the worker has alcohol in his system does not mean the injury resulted from the influence of alcohol.
Parking Lots
The Colorado courts have ruled as follows:
1. A worker that takes breaks in the parking lot to smoke and while smoking, the worker gets hit by a car. This has been ruled to be a compensable claim. 2. An employee walks across the parking lot to go to lunch, and the parking lot is either leased by the employer or the employer knows that the employees park at this lot and the employee gets hit by a car or slips on the ice and injures themselves, the Colorado courts have ruled that this is a compensable claim.
Note: What is important to know is that if the employer has advanced knowledge of the habits of an employee or group of employees as patterns to how they conduct themselves on their breaks and patterns of behavior as evidenced by the examples above, then the claim may well be compensable, not because the employee is doing something for the benefit of the employer but that the conduct is incidental to the workday of the employee with the knowledge of the employer. What is important here is that the employer has notice of the habits of the people that work for the company.
Doctor Appointments
If an employee has to take off of work due to an on-the-job injury to see a doctor, then the employee must be compensated at the temporary total disability rate. However, there are certain obligations expected of the employee. The employee must act reasonably and try to make appointments that are not conflicting with the employees work schedule. If the medical providers cannot accommodate the employee, then the employee has no choice but to take off work and there becomes conflicts between the employee and the employer, then the employer must be made to understand that it is not the employees fault and it is unfair for the employee to be harassed for conduct that is not their fault. If I am representing the person, I immediately notify the adjuster to notify the employer to stop harassing the employee and, of course, I let the business agent know immediately of the situation so that the business agent can act accordingly as well.
Mileage
Remember, the employee is entitled to mileage at twenty-eight cents per mile as long as the employee is providing the transportation. The employee must fill out forms for mileage and if they are not available, then I have those forms in my office for distribution. The employee has to put the beginning location of the trip, the end location of the trip, the estimated number of miles and the date of the trip. Mileage is included for visits to the doctor, hospital, pharmacy, therapy and any other medical facilities that are authorized for treatment.
Overtime
Remember, overtime is part of the average weekly wage to be placed in the formula when figuring out the temporary total disability rate when the person is off work.
Note: By way of example, a person gets injured in July when there is a work slow down and they are not making as much money per week as they may make at other times of the year. The insurance company only averages in the month of June and July to determine the average weekly wage. Of course, this does not include the substantial amount of overtime that they may have made over the last twelve months. There is no magic formula as to how far you go back to determine the average weekly wage; but, in the above example, it is proper to go back in time when there is seasonal types of work that affect the wages. To go back twelve months is reasonable in order to pick up the overtime to be averaged into the weekly wage.
Cobra
Remember, there are several examples of when an injured worker receives a Cobra letter as to how much the insurance premium is added to the average weekly wage so that the temporary total disability rate is increased. Please contact me if there are any questions on this matter as well.
Regards,
Marshall
Occupational workers compensation injury story. Bill works as a heavy equipment operator for over fifteen years. Bill continually during working hours bends, lifts, climbs in and out of equipment, fixes equipment and basically does medium to heavy work. Towards the end of his tenth year, Bill's back is giving him " fits." His back hurts him in the morning when he awakes and he is in "a lot" of pain when he gets off work. His outside activities are fishing, reading and some woodworking.---nothing very strenuous.
Bill complains to his friend about his back. His friend advises him to file an injury report with his company. Bill decides not to file a claim because he believes since he didn't have an actual accident he has no workers comp claim. Is Bill right.
NO
A valid workers compensation claim does exist. The law is clear that if the conditions of the workplace over a short to long period of time cause an injury due to repetitive work then a valid claim exists.
Have a great week.
Marshall Fogel Attorney.
Dear Members of Local 9. I am enthusiastic to have been selected by Local 9 to assist each of you when you are injured while employed or as we say "at work."
Since I began receiving phone calls from the members, I am finding that some of you are not reporting the accident immediately. It makes your case very difficult to prove that you were hurt at work if you wait because you think that over the weekend you'll be ok Monday. Then Monday comes around and your in bad shape and the "boss" thinks you hurt yourself at home over that weekend. The moral of the story---report the accident even if you think it is not serious and report it immediately and fill out an injury or accident report as some as possible to prove in writing that the accident happened.
I can think of a case awhile back where a fellow cut his finger and didn't report the work incident and a month later the infection go so bad that the doc had to cut his finger off.
Though that is an extreme example it is worth making the point.
The purpose of pointing out importance of promptly reporting an accident is because this is the first step to be taken in a comp case in giving formal and legal notice you were actually hurt at work. This reporting triggers your opportunity to be covered for medical and disability payments while off work due to the injury.
Lastly, remember you don't have to have an actual accident, like falling off a ladder, to have a valid workers comp case. It may be that due to repetitive motion of bending and lifting at work you injured your back----if so this is a valid workers comp claim. This is officially called a work injury due to the conditions at the workplace.
Tell you friends about the comp website. Enjoy the week and I look forward to your questions.
Best to you, Marshall
WORKERS COMPENSATION:
WHAT HAPPENS TO ME WHEN
I RECEIVE WORKERS COMPENSATION
AND I AM ASKED TO RETURN TO MODIFIED
WORK?
By Marshall Fogel
We will use the name of Norman as our injured worker. Norman works doing heavy labor which involves loading and unloading. Norman hurt his back lifting a 100 pound box. He immediately reports the accident to his superviser, fills out an injury report and immediately sees the authorized doctor at the clinic designated by the employer. The doctor immediately takes Norman off any kind of work. The insurance company begins to pay Norman his temporary total disability which is 2/3 of Norman’s average weekly wage. This money is tax free.
Norman, after a month of therapy is released, by the doctor, to light duty work with restrictions that still prevent Norman from returning to his regular job.
Here is where the problems can begin:
Example one. Norman takes the return to work slip to his boss and the boss tells Norman there is no light duty work for him within the restrictions on the note. Answer: Norman continues to receive his full temporary total benefits. No problems on this one.
Example two. Norman takes the light duty job at reduced hours and pay. Answer: Norman receives his pay for the light duty work from the employer and he also receives a temporary disability check from the comp insurance company which is 2/3 of the difference between his gross average weekly pay and the gross pay for his modified job. Answer: No problems for Norman.
Example three. Norman is released to light duty. The employer has a job within his restriction cleaning the building and answering the phone. Norman gets so angry he kicks his Harley motorcycle and then calls his employer and tells him he “ain’t comin in” and tells him where he can put the offered job. Answer. Norman you will lose your temporary benefits. Poor Norman – he is scheduled for surgery and will not be able to work for another 8 months. He will receive no temporary benefits. Yes, his medical will be covered and he will receive money for permanent disability. Norman found out that there is a child support lien on his comp. money and the nonsupport office will take one half of any comp money he receives.
Example four. Norman does take the modified work. Norman shows up late, leaves early, is mean to his co-workers, swears at his boss, and does a lousy job. Norman gets fired. Answer. Norman strikes out again and loses his temp disability money.
Law. If you are on temporary disability and you are at fault in either failure to show up for modified duty after a release from a doctor or you do show up and you are fired due to your fault, then your temp comp ceases.
However, there are many times it could be that your termination from modified work is not your fault. For instance, where the employer violates your restrictions and terminates you because you refused to violate your restrictions. Remember if there is confusion about what the restrictions mean as many times the doctor gave you very general restrictions, then the union rep. can help with having the doctor further clarify the restriction, and in any case, I can help in the matter
So, if the termination is unjust, unfair, and not the fault of Norman then Norman will retain his benefit rights.
In conclusion, don’t mess with this issue on your own. That is what the union is for---to get help before any “mess” begins. Call your union rep --- call me but call
Have a great week
Regards, Marshall
Workers Compensation Updates From Marshall Fogel October, 2004
First of all I want to thank all of the local members for your questions about workers compensation and to encourage our other members to feel comfortable in asking questions by using this webpage. Remember, you should not feel that any of your questions are unimportant. All your questions are important and will be answered by me in a courteous manner.
For those of you that may live and work somewhat afar from the Denver metro area and are injured on the job, I and my partner Larry Free can help each and every one of you regardless of where you live. We can fully represent you and advocate for the benefits that are appropriate for you. Many of our conferences with you can be handled by telephone. We recognize that gas and transportation is expensive so we have put in place our telephone conference program.
ON TO THE UPDATES
Mileage - You are now entitled to 30 cents a mile for your transportation expenditures when traveling in your vehicle to any authorized medical provider including doctors, therapists, pharmacies, a health club or hospital.
Overtime - When your authorized doctor states in writing that your injury prevents you from working before you have reached maximum medical improvement, you will receive 2/3 of your average weekly wage tax free every two weeks. This money is referred to as temporary disability. What you need to be aware of is that your average weekly wage MUST include OVERTIME which, if included, will increase your average weekly wage thereby increasing your temporary disability while you are off work.
Health Insurance While on Temporary Disability - If your employer provides health insurance at the time of your injury and you receive a letter stating that the employer will no longer pay for that insurance and the letter goes on to state that you have the OPTION of paying for it -- then you have received a COBRA letter. If you don't pay for the insurance out of your funds within the time limit stated in the letter then you will have no insurance. If you decide to pay for the health insurance (and you can shop around beyond the plan offered by your employer) within the prescribed time period then the cost of the insurance will be considered an addition to your average weekly wage and 2/3 of the amount paid for that insurance will be added to your temporary total disability up to the maximum you are allowed to receive for temporary total disability.
Modified Work - When you are on temporary disability you simply cannot do any work at all for your employer or any employer. Your authorized doctor can change that status by simply writing to your employer that your restrictions may allow you to go back to work on a modified work schedule. That could mean doing your regular work at fewer hours, doing your regular work with some help, working a lighter duty job with the same or less hours or any of a number of combinations of factors. Remember, the compensation laws allow you to be on modified duty at a LESSER pay. Only a collective bargaining contract can regulate pay beyond what an employer may be allowed to do at will.
Modified Work and Talking with the Comp Doctor - What I find disturbing is when the comp doctor tells the employer that you can go back to modified work duties and the doctor and the employer agree on the job you can do and then you get a call from the employer to go back to work and YOU DID NOT have any idea that this was going to happen--- and YOU had no input at all. How to PREVENT this problem is what we need to discuss. First of all:
1. Make it known to the doctor at your first visit that you want to DISCUSS directly with him or her when it may make sense for you to try modified work.
2. You should anticipate that the doctor is going to decide, during the course of your care, whether there will by a time you could do modified work. Let me discuss this with you so that you can proceed in properly developing a plan to determine the kind of modified work you may be able to accomplish at the right time with the right amount of hours you could handle.
3. This is a brief outline of some, but not all, of the items that fall under this category. Remember, you are under enough stress, due to your injury, and to have to deal with going back to some work without you being part of the process is very stressful.
The serious reason for bringing this to your attention is that if you return to modified work and there is CONFUSION as to what you can and cannot do because you were not part of the process and the employer terminates you because you were AT FAULT for not doing the modified work as you were supposed to do then you face losing your temporary disability forever. I must say that this issue has just been argued before the Colorado Supreme Court a few weeks ago. What we hope the court will say is that if you are fired from your job at the time of the injury or while you are on modified duty and your termination is YOUR FAULT then you will not be denied temporary disability forever; but, you can be placed BACK on temporary disability once the doctor DETERMINES you cannot work again. For instance, you get hurt--- you go on TTD, the doctor then recommends modified work, you go on modified work, you then get terminated and it's your fault, you lose your TTD but then the doctor says you need back surgery and states once again you cannot work then you go back on TTD.
Permanent Impairment - Permanent impairment is the percentage of your physical disability. Let me just express that this is a very complicated area and what the doctor gives you as impairment is NOT I repeat IS NOT automatic and that you are not "stuck" on whatever impairment you receive from the doctor SELECTED by your EMPLOYER. Of course, there are many instances that the original impairment rating is fair but how can you be sure. I can help you with this issue in the following ways. Communication between you and your doctors many times involves words and expressions that your doctor relates to. For instance, you may tell the doctor you don't feel good. That expression may appear to your doctor that you have mild discomfort and that you are getting better. But what you think you are telling the doctor is that the "pain is so bad that you are miserable."
Another example is when you tell the doctor your back is hurting you and you fail to tell the doctor you have serious pain down your leg then you have potentially eliminated the doctor recommending an MRI to determine the extent of a bulging disk. So you can see the importance of US discussing how to TRUTHFULLY communicate to the doctor throughout your care the exact nature and extent of your injury.
Parting Comments - I view the most important piece of your concerns when you get injured is to get well enough to continue to work and provide for you and your family. Good health care is most important to achieve this goal. However, medical science can not always come to your rescue and many times you have to face the difficult alternatives. These difficult alternatives involve a change of lifestyle, finding a way to obtain employment that are within your permanent restrictions, determining if you are a candidate for social security or a pension and other difficult life changes you may have to consider. When we come to the conclusion of your case and whether you are able to return to work or face other challenges the permanent impairment does have importance as it equates into how much the case is worth and certainly you should get what you are entitled to receive. Many times the initial rating DOES NOT give you this entitlement and you have the RIGHT to appeal that rating through a process provided by the workers compensation laws. Remember there are TIME limits to these appeals just like there are time limits when filing a grievance.
I hope this update is helpful to you and that it will cause you to think of other questions you would like to ask me and to share my answers with other members.
If you would like to contact me or my partner Larry Free, we can be reached as follows:
Marshall Fogel Larry Free Attorneys 303 534 0401 1199 Bannock Street Denver, Colorado 80204
We do everything possible to contact you within 24 hours - if Larry or I are not available at the time you call. dsgdfhnhmcbnm