Hurt on the job.
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  1. #1
    Guest

    Talking Hurt on the job.

    I get hurt at work pretty bad some months ago at work. I tore some tendens in my nee pretty bad so I can not walk and my doctor says that it will take over a year to get better. So I have been out of work. Now comp is telling me to go to work or loose my job. I didnt hurt me on purpose. They sayed since there was no inmates involved that they dont have to cover me.

    I saw some issues about this on loisfraleyfoundation.org. When you look around this seems to be a big issue. Is there anyone else out there that is getting screwed by workers comp. Is there any one to help? What do I do?

  2. #2
    Guest

    Re: Hurt on the job.

    I found this awhile back. From what I know the state it self is pretty bad. All the laws point to them and screw you. Get a attorney. Then dont trust them. The workmans comp doctors are all the same, they all work for the state and are paid good to deny you. You could have been stabbed and they will either say it was pre-existing or that you have no injury from it. I can only imagine what some of the police officers that got burned in cars went through. You should see what firefighters go through. Read this but pay attention to the workmans comp and your right to sue.

    Saturday, November 7, 2009
    Lewis Prison Stand-off Litigation
    I find the angle on this article a little troubling (the whole victim-blames-victim thing), but posted the section I found most interesting in yellow. There are few parts actually, but, what really intrigued me was the section about workmen's comp laws and the state "owning the rights to (Fraley's) complaint" against the food service company. I wondered if all corrections officers - all state employees, knew this was how it worked. Who needs violent criminals when the state will do it to you themselves?

    -----------------
    Prison-hostage rape victim blames other victim

    Legal repercussions from Arizona’s longest prison-hostage saga continue dragging through court five years later, but with a curious twist: One of two women sexually assaulted during the drama is blaming the other rape victim for allowing the violence to get started.

    The Maricopa County Superior Court suit was filed three years ago by Lois Fraley, a correctional officer at Lewis Prison who was held in a guard tower for 15 days during 2004 by two inmates, Ricky Wassenaar and Steven Coy.

    Defendants include Canteen Correctional Services Corporation, which prepared inmate meals in a kitchen where the incident began, as well as a company employee who was raped by Coy.


    That employee previously sued the Department of Corrections and received an undisclosed financial settlement after alleging that prison officials negligently allowed violent felons to work with civilians in the kitchen. She blamed lax prison security, inadequate training and incompetence.


    In the ongoing case, attorney Joel Robbins, who represents Fraley, alleges that the female kitchen employee failed to close and lock an office door as required by prison rules. As a result, the suit says, Wassenaar and Coy were able to enter the office and overpower the Canteen employee and a DOC guard in the room.

    While Coy raped the kitchen worker, Wassenaar went to a nearby guard tower where Fraley and detention officer Jason Auch were on duty. According Department of Correction records, Auch failed to verify who was at the door before pressing an electronic buzz-in device. Wassenaar entered the tower, subdued both guards and gained control of an arsenal. Coy then joined him. Auch was released midway through the ordeal, while Fraley was held hostage and terrorized for two weeks.

    A peaceful surrender was arranged with both inmates promised out-of-state transfers to complete their prison terms.

    Fraley’s lawsuit says Coy was able to fashion a homemade shank in the kitchen using metal bands removed from milk cases that had been banned because of previous incidents.

    Although Auch’s decision to open the tower door was crucial later on, the suit argues, the rampage could have been averted if kitchen employee upheld their security responsibilities: “Ms. Fraley would never have had to endure the two weeks in hell but for Canteen’s conduct.”

    Canteen Corp. contends in legal filings that the company was responsible for preparing food, not overseeing inmates or maintaining security.

    The trial has been tentatively scheduled for late 2011.


    As a state employee, Fraley was barred from suing the Department of Corrections under terms of Arizona’s workers compensation law.



    According to court papers, she sued Canteen on behalf of the state, which owned the rights to her complaint. However, the state reassigned those rights back to Fraley, subject to a lien.



    Arizona previously sued its insurance company for refusing to honor liability coverage in the prison saga. The outcome of that case could not be determined.


    Meanwhile, Coy and Wassenaar – both convicted on multiple felony charges in the escape attempt – are serving consecutive life sentences in out-of-state prisons.

    The kitchen employee is not in this report because the Republic does not identify rape victims unless they have gone public. Fraley, no longer a prison guard, has openly discussed her experience and operates a foundation on behalf of hostage victims.

  3. #3
    Guest

    Re: Hurt on the job.

    RUUUUUUNNNNN!! Workmans comp has one objective, to save money. They assign a nurse case manager whose whole job is to review your past history, past medical records, and current medical records. They nitpic out everything that makes it look like it was something else besides the injury and give it to the workmans comp doctors to make a determination on your case. I swear workmans comp wrote the doctors report. They put everything in the report that was against my injury and omitted everything that supported it. It was obvious to me but not my attorney! Go figure that I feel smarter than my damn attorney.

    My suggestion. Tape record every doctor visit. The law says you do not have to disclose the fact you are taping. I started at the end and caught the workmans comp doctor in a lie, good for me and my attorney. I took a video camera to the independent medical exam. The doctors report said that he did certain tests on me which he did not. The video showed it. And guess what with all this evidence, the workmans comp law judge sided with workmans comp. So now I am in appeal.

    Video/Audio tape, do a report of every visit of what they did and did not do and the smart ass comments they make.

    My last suggestion, never tell any doctor your medical history or family medical history. I put that my grandmother had demintia two years ago with a dentist, now they are trying to say I have a family history of mental illness and sent me to a psychatrist who said my issues were depresion. He also put that I had a pap smear a couple of days before my injury and was stressed waiting for the results of the test.

    So an inmate in the kitchen gets dish machine liqued in my eyes and bunrs my tear ducts and that was caused by my pap smear and grandma's deminsia.

  4. #4
    Guest

    Re: Hurt on the job.

    I was responding to the 909 riots in CB1 when I tripped up the stairs (ya laugh GFYS) and tweek my jaw. I reported it and went to the doctor. My doctor followed it and said I got TMJ as a result. Then I got sleep apnea as a result. My doctor tryed to send me to a sleep study and they refused. They sent me to what they call an IME (Individual Medical Examiner) that is payed by the state (guess what they are going to say. The found where a inmate punched me in the face in 1994. I was punched in the forehead as a matter of fact. They also found where I had gotten in a car accident in Apache Junction a year before. They said that this was what caused my TMJ and that I was over stating the case for attention. I was denied anymore treatment. I got screeee eeeew wwwed! Now I still have problems, I am just glad that I had insurance to cover the bills.

    I read the story and cannot believe what these people do to us, WTF? We put our life on the line and thats what we get.

  5. #5
    Guest

    Re: Hurt on the job.

    Ya, the nurses that they assign to your case are so nice then they f you in cour back. There job is to research your past to find anything to show that it was prior injury away from work. In my case they said it was my fault for getting rear ended at work and was cut off. I lost my truck, was kicked out of my apartment, and almost lost my job. I had to get a attorney here in Tempe to fight for three years. He was only able to get me 5000 bucks.

    The reason they do this is because by law they have to pay for the loss of function, loss of a body part, or permenant injury. So like if you lost a finger they have to pay you like $25,000! So like me I got hit from behind and hurt parts from head to toe, would have cost the state $280,000. So that is their point. After three years I got 5000, they saved them selves 230,000. The bankruptcy court took the 5000.

    Then they wonder why I just go to work and do the minimum that is needed.

  6. #6
    Guest

    Re: Hurt on the job.

    i think i'm in a bit of shock at the moment. i finally got my IME report from WC- they forgot to send it to me and my attorney. the wc doc is releasing me back to work full-time with no restrictions starting monday. not only that, but wc sent me a notice to stop all wc benefits (including medical) because their doc said my work injury was just a strain, and everything since then is a pre-existing condition called marfan's syndrom. my regular doc says i have 0% chance of having this syndrome. he did agree to send me for an ultrasound of my abdominal aorta and endiocardiogram and an eye exam to prove i don't have it. this is all well & good but what about me & the increased pain this will put me in. my attorney isn't being very helpful. i figured he'd make phone calls & get busy on my case. instead he said there is nothing to be done about having to return full-time. if i try it & it is to much, then i will lose my job. if i have my doc start me out part-time i will lose my job. this is sooooo insane. i had my injury 1 year and 9 months ago, have been to various doctors who haven't been able to get anywhere except to say it is an si problem and they have no idea why it hasn't healed. finally i found a doc last month who seems to know her stuff- si problem & possibly facet problem. i am right in the middle of diagnostic injections, and haven't even talked about treatment yet. how can they do this. my attorney says i am expected to continue with all of my docs, and doesn't have any answer to how i'm supposed to pull this off! i have no sick time because i burned it up on this injury & docs have the same hours that i do. the wc doc didn't take into consideration the deep depression that this back injury has caused me & the fibromyalgia that my rheumatologist says i got from this injury. putting me at work all day is going to send my pain levels out of the water, which will only trigger my fibro in full gear and deepen the depression. i feel like i am in a very bad nightmere. if you pray please pray for me. i am so stressed out & anxious over this. and i can't imagine driving 40 minutes to work, then working 8 hours sitting in a car and in meetings, then driving 40 minutes home. pain pills aren't much of an option because i have to be able to drive myself. oh man. i'm going to stop rambling. thanks for letting me share.
    jasonswife
    Read more at http://www.healthboards.com/boards/arch ... ck=kcplink

  7. #7
    Guest

    Re: Hurt on the job.

    Of course I will continue on my medication. I can't walk or really do anything without it. That's why I find it funny that I was rated at 100% able to return to work without restrictions and a -0- rating. That is fine with me but why would they still keep paying for the medication for the narcotics and for tens unit supplies when they case is closed in their eyes???? It's because I can't walk and they know it. There is no gap in pay!

    The Ime put me at MMI and stated I "COULD" go back to work with -0- restrictions and -0- future care needed.
    Now don't get me wrong I have not problem going to work and would love to show up and give all the employee's a gander at what workmans comp has done to me but they will not let me come back because I am physically not able to walk.

    The state is self insured so I am stuck with the following:
    Their paid pcp's say I can go back to work with no restrictions and -0- rating but will not fill out my return to work paper work stating that I am 100% able to return to work with -0- restrictions.
    Their IME doctors state the same but will not fill out my paper work to go back to work...
    My family pcp who can't believe that they are still prescribing all of these medications clearly because they are needed but state I am ready to go back to work with -0- restrictions and -0- rating. She also will not fill out the paper work because she says that the pain management doctor should be the one because I am still under his care if he is in fact still dispensing medication....

    Shame of it is when these doctors put those kind of statements in writing they prevented me from LTD, Social Security, and Unemployment. I thought this was complete bull shit so I called doc and explained how I was not going to sit back and let them watch me starve. I was going to go to the media. I was going to let them do a story on me and what this broken system did to me. Funny how when my friend stopped with my mail " Oh yea their doctors have it that I can't drive!" and wouldn't ya know it, a check that was big enough for them to catch up my medical, retirement, dental, and union dues. Plus enough to pay some bills in advance.

    Funny the state reacts when faced with the possibility of the media tarnishing their view of them. What they are doing to me is wrong and they know it. I don't want a settlement. I have no problem going to work. They have plenty of jobs that I "COULD" do. I don't feel that social security should be the one to pay for me the rest of my life when it was my companies fault for running day to day with faulty equipment. They were the ones when confronted with the facts that security needed fixed and didnt fix it. So they "ARE" going to be the ones to pay for it. I will not sit back and let them starve me out. Sorry I have a nest egg and I will spend all of it going to the media, magazine, news paper, or even talk show person who will give me the time to explain how we are supposed to sit back and let them destroy our lives.

    I raised my voice once and got a check, wonder what a article in a local paper would do???
    Puppet

  8. #8
    Guest

    Re: Hurt on the job.

    I found these on www.workmanscompensationinsurance.com. They are about Arizona DOC.

    I often wonder how many people just give up and either dont file anything or just go back to work. I think if I could have without fear of being hurt or worse..or risking someone elses safety(I was a Correction Officer) I may have gone back. I have not enjoyed most of the crap I have had to go thru. And some of these employers just assume everyone is faking it. They see some report about 1 guy frauding the system and assume its everyone. Its a bad stigma attached and as wel on this board know..its not accurate

    I know its an old cliche and all that..but this is why I think its best to fight for every inch and every penny.

    It is very difficult to weed thru all the crap that you have to go thru..just work on getting yourself better. The stress of all the legal garbage doesnt help. I know once I said to myself that no matter what I was gonna do..being back at 100% was not a very possible outcome and that I just needed to get as right as I could physically,mentally and financially..I have had a better go of it. I fully believe in karma. theman1974.

    Next one


    Theman,
    I agree! I was an officer too. When I got hurt I took a few seconds and thought to myself just don't say a word. After I got up and realized I couldn't walk and my next post would of been impossible to get to I knew I had to report it. When I was taken to the medical department I thought to my self, I work for a great company and they will take care of me. I'll tell you I couldn't of been any more wrong! When they took me to the emergency room and they put me off for three days to get the swelling to go down and gave me a script for pain meds my company actually sent me to a w/c whore who put me back to work with in 18 hours of the accident! All to save them from a (what they call a clock reset). Each injury that calls for time off or pain meds raise the employers insurance rates. They didn't care about me or the pain they caused me working 12.5 hours a day. They cared about their insurance rates. I remember a officer looking at me and saying "why are you here a few hours after the injury you have no color in your face". I remember saying to her "I am in so much pain my teeth are chattering". From day one they were building a case against me. I also remember going to our medical department three weeks later and asking him "look at my ankle, why is it turning inward?" He said " Don't worry physical therapy will fix that". I didn't get physical therapy till five months later, after my ankle was completely contracted inward and was so painful word can't explain how I managed. It makes me sick to my stomach looking back and thinking that they were taking care of me. All they were doing was building a case against me!

  9. #9
    Guest

    Re: Hurt on the job.

    You may have to go out of your town to see a doctor that has a clue. I dont think you have to agree to have the nurse case manager "HELP" you. There job is to get you denied. The nurse case manager works directly with what they call the defense and the defense attorney. The defense attorney is this little snot bag with no emotions. She works directly for DOC. So dont think ADOA or the Industrial Commision is the only ones trying to save money, IT IS DOC, IT IS THEIR SELF INSURANCE!!!!!!!

    1. Stay with your doctor. Talk to your doctor and have them support you 100000000%.

    2. Have your doctor find a good specialist that knows your injury. Look for one that does not work or accept money from workmans comp as a part of their earnings. They should accept payment on your behalf. THere are doctors that advecate for petients and for treatment. I found my doctor by looking up my injury. I kept seeing the same name on all the medical studies reports. I googled him and e-mailed him in california. He refered me to a doctor in flagstaff. I went to flagstaff and he tested me. I WON MY CASE after having been lied about by the "IME".

    3. GET AN ATTORNEY IF YOU OR YOUR DOCTOR FEELS THAT THIS INJURY WILL BE WITH YOU FOR THE REST OF YOUR LIFE!!!!!!

  10. #10
    Guest

    Re: Hurt on the job.

    I got hurt in mentance after an inmate that stole bleach from the kitchen had tried to fix his toilet with it. When I pored drain clear into it I breathed the toxic cloud and started to bleed in my lungs. I now have to have oxygen all the time. The comp doctor said I had pre-existing ashma and it was not DOC fault and if so it was my fault for mixing the chemicals. I found this chemical specialist doctor, Dr. Michael Gray. Google him or what ever. He is in Tomstone past Tucson. He found out what was wrong with me and got me the right treatment. He also found me a attorney that help me get approved since my union sided with doc.

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