I had a workmans compensation back injury on November 10, 2010. I went to the emergency room and a physical exam was preformed. I was told it was a common back strain, given pain pills, told to take 2 days off and go back to work.
I went back a week later because I was getting worse and was referred to a local doctor. Workers compensation paid for the medical bills. I continued to work my 30 hour work week as the pain pills helped to relieve some of the pain and I honestly thought my activities would help work the pain I was feeling out of my back.
I am a lumber cashier in a big box store. I was also afraid of being fired or getting my hours reduced which I could ill afford. I am 61. The pain got progressively worse. When I got home I would collapse.
I had an MRI and it shows a slippage and bulging disk on my right side. I participated in physical therapy which has not helped. I have left work 3 times due to pain, fearing for my job but I just could not do it anymore that day.
My doctor wanted to send me to a spine specialist. In the meantime workers comp sent me to their doctor for an evaluation. He did a physical exam. I told him all that had happened. I was honest. The workers comp company sent me his evaluation saying he said I was 5% disabled.
He left out much of what I told him. Then I got a check which I haven’t cashed. They want me to send a letter if I am denying it. I do not know how to write the letter. I need medical attention and would like to follow through with the specialist my doctor has recommended.
It is getting worse and I am very afraid. I am looking for a lawyer as suggested by my doctor.
He has written a letter to the workers compensation company. In the meantime I have to write the letter but just do not know what to say. Can you make any suggestions? Thanks.
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The following letter may help:
March 21, 2011 CERTIFIED RRR#__________ Workers Compensation Board State of West Virginia
Workers Compensation Claim Number:
Date of Injury:
November 10th, 2010
Date of Birth:
Social Security No.:
My name is Karen ______________. I currently reside at _____________.
On November 10th, 2010 while working at__________________ I seriously injured my back. Since that time the intermittent pain has been debilitating. The Workers Compensation Board’s referring physician estimated my disability from the work injury at 5%. In his Medical Narrative he omitted much of the information surrounding the injury.
Since that time I have continued to se Dr.___________. He is my physician and wants to refer me to a spine specialist. I remain in serious pain and as a result, am quite limited in my ability to work.
I would respectfully request you re-evaluate my claim to determine a much higher percentage of disability.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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