W/C Claim Validated - Employer protests
I am going to the court of appeals this week. My claim occured last year my vice president left my desk drawer open behind me, in my haste to answer the phone on 3rd ring rule. Boom I wacked my knee into the edge of the drawer. Long story short, got swollen and bruised and I thought at first it will go away as he said Toughen up little lady.
5 weeks and now coming to a crawl then finally I cannot even get up from around my desk.
Go to the doctor TORN Menicus, wow off work for 6 days. Employer told me to use medical at clinic not W/C I did give my card at the desk. Doctor by law had to make it w/c. Informed employer and was terminated.
Claims manager validated claim and was paid for 1 week. Doctor says light duty no light duty boss fired me.
Employer signs affidavit claim valid, surgery scheduled 30 days. Employer receives letter from attorney informing his actions are basically illegal.
Employer then files a claim to protest after the fact, and within his legal time frame.
NOW all has stopped, health, money, and no one wants to hire me with an injury to my leg and the fact I will be gone for surgery once my claim is awarded.
Problem: MRI shows degenerative arthritis, NEVER ever had anything like that known to me in my life. I ballroom danced, I am a very active person.
Well, not any longer I didnt know what arthritis was but this torn menicus sure did wake up something unknown to me.
I am worried, because my doctor says he doesnt know what I ahve been doing, but he would not outlinbe what he calls light duty work. I sat at a desk for 8-10 hours and then at home at times. I lifted files and ran errands.
A year has gone by and of course I am much worse now. No medication allowed no insurance. Had to borrow all the codine I could from what people I know. Try to lay dorment as to not agrivate the knee. Difficult to sleep and highly depressing to know that my employer told me to go to the clinic as he to could see I was not able to walk. Never knew that yes the area hit on the inner knee where the menicus is located and where the knee hot as I turned from standing up and swung around taking 1 fast step would leave my right knee open to the drawer corner and my left leg free. Hook on it wamm, and ouch then loose my balance and catch myself on my hands on the floor.
Of course I went to him right away and said your coming to my desk and leaving the drawer open was not a wise thing to do, and he saw the mark, and stated that in his claim to L & I.
I filled out an OSHA report, that has disappeared. He filed his claim to L & I and dated it after my claim was open with L & I. The original report we completed was filed the day of the injury at the office and filed away.
Again it has disappeared.
L & I is stating my claim is invalid and they first stated it was valid even with the information from the doctor form the beginning about the arthritis in my knees. The surgery will not help me they says becuase the torn menicus is only a fraction of what I need which is a knee replacement. WHAT! I cannot believe this. well I have it all now full blown in both knees becuase since a year has passed one leg supports the other more. I cannot do what I use to and and pain in my legs has caused me to incur lower back problems. Not to mention my emotional state with all this.
I have not recieved one penny, and I am worried I will be left out in the cold. I have a lawyer and he has appealed L & I decision. I have read many cases up to supreme court. Many say it is not the employees fault that an injury caused something dorment like arthritis to flare up. The injury was acknowledged and did occur. Do you think I will be awarded medical help? What about all the time I have looked for work and could not find any and my employer was nto going to be hiring me back. The claims manager said to me that based on my employers report to them. He had no light duty work. He would be able to pay me time loss wages. If I win my case for my injury could I be awarded back Time loss wages?
When I was 30 years old I had one claim with L & I in another state, it was so simple and no problems. This one is awful. I know my boss was upset rates went up high last year, and an employee quit after receiving a settlement with L & I that prior office mamanger failed to disclose to him. When I made him aware of this fact. He had me file a retaliation agains the employee who had quit. That case was closed now and recently settled that is why he told me to use the company medical card and not W/C. Its been awful and hard on me and I do not know what I will do if I dont get the justice deserved. I had to file for state food stamps for the first time in my life how awful. I sold all my personal property over this past year. Items I saved money to buy I had to let go for mere hundreds, and it will take thousands to replace. Any advice would be good about how to talk to the judge in this matter.