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Workers comp denial

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Unread 02-15-2012, 06:25 PM   #1
GillianGillian
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Default Workers comp denial

I just found out that my workers comp has been denied after 3 months. "no substantiating evidence" was the reason. I need to file an appeal and I think I should get a lawyer, but I don't know where to start. Any suggestions?
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Unread 02-15-2012, 07:58 PM   #2
Mark in Idaho
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I know the frustration. I was denied, too.

Start by checking out www.tbilaw.com Attorney Gordon Johnson has great knowledge in mTBI or as he calls it "Subtle Brain Injury." He has a referral system to help you find an attorney in your state.

My best to you.
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Mark in Idaho
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59 years old, retired due to disability, married 34 years, father of three, grandfather of four, Suffered a serious concussion at 10 years old (1965) stopped most driving after concussion at 46 years old (2001), Post Concussion Syndrome/Multiple Concussion/Impact Syndrome with PTSD, immediate/short term visual and auditory memory problems, slowed processing speed, visual/auditory processing difficulties, insomnia, absence seizures, OCD, 14 concussions since first concussion at 8 years old, Taking paroxetine for 14 years and gabapentin for 12 years. Added L-Tryptophan and stopped paroxetine after 3 months of tapering. I currently take 500 mgs of L-Tryptophan AM, 500 mgs noon, and 500 mgs PM.


As of Nov 15th, Due to high stress issues resulting in PTSD, docs put me on 3 meds. Clonazepam but only for 30 days ) .125 mgs twice daily (Doc presc. .25 mgs 2x daily but half a tablet is good) , citalopram (Celexa), an SSRI , and olanzapine (Zyprexa), an atypical anti-psychotic that usually causes weight gain before bed. I lost over 30 pounds since mid July. It just stopped the weight loss. Took me off the gabapentin. I am feeling better than I have in years.

This great feeling only lasted a month. Back to the same old PCS doldrums.

May 2014, I am off the olanzapine due to a 6 fold price increase. Back on 600 mgs of gabapentin before bed.

I am also taking L-Theanine to help with GABA regulation


"Be Still and Know That I am God" Psalm 46:10
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"Thanks for this!" says:
GillianGillian (02-15-2012)
Unread 02-15-2012, 08:17 PM   #3
GillianGillian
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I tried that, but they don't have anyone where I live. Is there anything I should look for in filing an appeal?
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Unread 02-15-2012, 08:31 PM   #4
ShellyK
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Gillian,

Each state has a Bar Association. (That's the lawyers' professional association.) The Bar Association should also have a lawyer referral service. In the city where I live, I called the referral service from the Bar Association.

They ask you questions in order to see what kind of lawyer you need, and then they get back to you in a day or two with the name of a lawyer who is willing to meet with you for a half hour consultation for a minimal fee. (I think it's $35. If it's a personal injury case, they don't even charge.) The referral service sets up an appointment for you.

You need to go prepared with your questions and later you can decide if this lawyer is a good fit for you or not. There is no obligation, and you can get a lot of information.

And if they are referred by the Bar Association, they need to have a good record, I assume.

Good luck.
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Unread 02-15-2012, 09:07 PM   #5
Mark in Idaho
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GG, What state and area do you live in? I'll do some research for you. Finding a good attorney in your state that is distant is better than finding a mediocre attorney near your home.

There are also State Work Comp Attorney Associations that can be helpful.
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Mark in Idaho
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59 years old, retired due to disability, married 34 years, father of three, grandfather of four, Suffered a serious concussion at 10 years old (1965) stopped most driving after concussion at 46 years old (2001), Post Concussion Syndrome/Multiple Concussion/Impact Syndrome with PTSD, immediate/short term visual and auditory memory problems, slowed processing speed, visual/auditory processing difficulties, insomnia, absence seizures, OCD, 14 concussions since first concussion at 8 years old, Taking paroxetine for 14 years and gabapentin for 12 years. Added L-Tryptophan and stopped paroxetine after 3 months of tapering. I currently take 500 mgs of L-Tryptophan AM, 500 mgs noon, and 500 mgs PM.


As of Nov 15th, Due to high stress issues resulting in PTSD, docs put me on 3 meds. Clonazepam but only for 30 days ) .125 mgs twice daily (Doc presc. .25 mgs 2x daily but half a tablet is good) , citalopram (Celexa), an SSRI , and olanzapine (Zyprexa), an atypical anti-psychotic that usually causes weight gain before bed. I lost over 30 pounds since mid July. It just stopped the weight loss. Took me off the gabapentin. I am feeling better than I have in years.

This great feeling only lasted a month. Back to the same old PCS doldrums.

May 2014, I am off the olanzapine due to a 6 fold price increase. Back on 600 mgs of gabapentin before bed.

I am also taking L-Theanine to help with GABA regulation


"Be Still and Know That I am God" Psalm 46:10
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Unread 02-16-2012, 12:12 AM   #6
SpaceCadet
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Quote:
Originally Posted by GillianGillian View Post
I just found out that my workers comp has been denied after 3 months. "no substantiating evidence" was the reason. I need to file an appeal and I think I should get a lawyer, but I don't know where to start. Any suggestions?
GillianGillian,

I just wanted to drop in and tell you I'm sorry about Worker's Comp denying you. I'm sure this has been a lot of stress for you on top of what your dealing with from your injury. I don't really know much about this subject but I want you to know you've got my support. Every one here at this forum is behind you. Just keep on fighting...I'm sure you will get everything worked out.

Take care.
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What happened: I was randomly assaulted from behind in June of 2011. I was knocked unconscious for an unknown amount of time (less than 30 minutes) and have no memory of the event. CT scan showed contusion and hematoma of the left frontal lobe. I spent 3 days in the hospital. Diagnosed with Post-Concussion Syndrome in September 2011. Currently have Medicaid and SSI.

Current symptoms: Brain fog, anxiety, panic attacks, memory issues, confusion, problems with spontaneity, sensitive to loud noises, trouble thinking, problems with producing speech, spacing out, word finding difficulties, tinnitus in both ears, random tingling in different parts of my head and many other things that I can't explain. I'm very easily overloaded which makes it nearly impossible to watch TV or use the computer.

Slowly but surely regaining my life back.
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Unread 02-16-2012, 01:05 AM   #7
Jo*mar
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Aren't most work comp claim atty consults free in most states?
payment to atty is usually a % of the case/settlement up to a max limited amount.

Be sure to interview many before choosing/signing with one , really utilize those free first consults. It's a pain to have to change attys in mid claim if you find out the one you chose too quickly is not that great....

Read on your state website under workers compensation for more info about the whole thing.
We have a workers comp forum here too.
http://neurotalk.psychcentral.com/forum30.html

Don't panic, generally they will deny unless a very clear cut injury case with witnesses, and no prior injury/illnesses.
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Unread 02-20-2012, 06:11 PM   #8
CodyM91
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Quote:
Originally Posted by Jo*mar View Post
Aren't most work comp claim atty consults free in most states?
payment to atty is usually a % of the case/settlement up to a max limited amount.

Be sure to interview many before choosing/signing with one , really utilize those free first consults. It's a pain to have to change attys in mid claim if you find out the one you chose too quickly is not that great....

Read on your state website under workers compensation for more info about the whole thing.
We have a workers comp forum here too.
http://neurotalk.psychcentral.com/forum30.html

Don't panic, generally they will deny unless a very clear cut injury case with witnesses, and no prior injury/illnesses.
My workers comp lawyer had a fee of 15% if you had won anything, if not no fee.

I understand the feeling of being denied. Been there done that, the best thing to do is hire a lawyer to fight for you. I thankfully was able to get the best one in the state of Ohio. I had 2 hearings and won them both b/c of him. Just a heads up, if/when you a hearing your employer is going to say some outlandish things about your injury. You just have to stay calm and relaxed when they do that.
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Unread 02-21-2012, 09:13 AM   #9
xxxxcrystalxxxx
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Oh yes, an attorney is a so needed to deal with the WMC idiots. My husband had me consult one a few weeks after and to date we've had to appeal twice. The system sucks. I'm sorry you have to have the added stress. I know how my anxiety was when they refused me. They actually stopped payment of two checks. It was a nightmare. Six months later I'm still waiting payment of prescriptions. GGRRRR..
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