WOW I wish I posted this .. this sounds like an injured DSR out of the New England area ...
You didnt post it because you were probably timid about it...
I will assume you are talking about my very own situation of which I have no shame in...and to ease your apparent lack of knowledge so as you may have a more complete understanding of things you are commenting on of which you know nothing about i will enlighten you so as you do not continue to seem like a rumor believing type of person that you are making yourself out to be...
In Jan 2000, an FOS pushed a 686# skid of freight off of another piece of freight smashing me sideways into the trailer wall at XCV during a reship. I was out of work for 5 weeks due to this injury which never went away.
For the next 6 years, I suffered and lost work time (not workmens comp) about 2 times a year because of this, and my believing the conway doctor in 2000 when he told me it could take years for the injury to heal. The two times a year increased to 3, 4 and then about every other month.
In Jan 2006, I picked a shovel of snow up, this was the final blow to the injury. I decided at this time that the original injury is not going to heal itself and is continuously worsening. I sought medical attention on my own out of conways doctors. First my own, non conway insurance doctor, non conway medical insurance that many employees sign up for, that is, who referred me to a Neurosurgeon, then Orthopedic back doctor. The back doctor was present from me, my work release notes from 2000 and i simply asked him if this injury is what is causing the pain today. He read and said yes, but he would need to see the original records. From March 2006 through Aug 2006 (when I hired my attorney), I tried relentlessly to get my records from my Jan 2000 injury. I met with failure. The records had been "lost". I might add here that i lost over $6000.00 of income not counting my vacation and other time the company gives you, during this time.
I went to my attorney and explained i needed to not lose anymore work money over my injury and of what the two doctors told me, and that i needed to get my back fixed and not go bankrupt in the process...as I know i have many years left that i have to work. I told her my goal is not money, just getting my back fixed. She tried to get my records through legal channels and conway thru their representatives refused to respond or was being honest when they said the records are gone. Doesnt matter. I need my back fixed.
Through litigation, our company required this not me, an MRI was done which showed a central protrusion of my L4/L5 disc..the source of my on going pain. Had an MRI been done in 2000, i would not be in this situation today. The central protrusion was caused by the nature of the skid smash.
Through ongoing litigation, conway played the workmen comp game and it was negotiated from 13% disability down to 9%.
In July 2007, now having to work around my continuously hurting lower back, while hooking a set of trailers, i had popped the brake on the dolly to prevent it from rolling down a slight hill because our terminal manager wont make the DSR's park the empty trailers off the hill...when i came back with my lead i bumped the dolly which pushed it slightly under the trailer and now under spring pressure...now working around my back I can no longer muscle the dolly around, i grabbed the front handle of the dolly with my left hand released the dolly brake with my right...the dolly popped up into the air and tossed me with it...i landed on my back, head and left wrist...
The left wrist...there is a ligiment in your hand which is shaped like a C and curves around the base of your thumb...an MRI revealed this ligiment to be torn but repairable...the surgery took place in early Dec 07...I worked with the injury from about a week and a half after Jul 17th, through Nov 29th...the surgery revealed the ligiment was nearly severed and ligiment from elswhere in my wrist was grafted and attached to the torn one...this has never gotten better...during this recoup time it was discussed with my attorney about working the settlement aspect which conway lawyers initiated during 2006...i did so as it was apparent i would not be able to continue working to full capacity at conway doing what i was doing...my choices were slim to none as i will not go to work on a dock and be a bump on a log like the many other DSR's we already have...and what if something happened where one of my injuries caused harm to another employee by me dropping something of whatever? Nope it isnt going to happen..
In March of 2008, through increasing in lower back pain, loss of feelings in my legs and some parts of my toes, the back doctor requested an additional MRI. This MRI displays my L4/L5 disc is now basically gone, mush, and surgery will now happen at a quicker time then before...My level of degeneration had more then doubled since 2006 MRI.
Now the present. After much litigation, Conway had to allow me to go back to the wrist doctor. He imaged the wrist and requested authority for further surgery to stabilize some of the wrist bones...conway demanded a second opinion... and sent me to a better wrist doctor at a wrist institute at the Hartford Hospital. This doctor imaged and showed me where the bones are spreading apart which are supposed to be snug together and recommend a fusion surgery on the wrist to stabilize them...their doctor recommended that...that is a step above of what my doctor was wanting...
Now the nasty...once the discussion from my attorney to their attorney reached travellers and conway...i have been dumped for all practical purposes...conway violated their own policies concerning light duty by ending my light duty by about 5 months early...thus putting me on a no duty...sit at home and do job searches within my work restrictions for my back, and now again, my wrist...in the mean time, they have cancelled my weekly checks in May, and now I get nothing...even though they are required..their argument is based on what the law allows them to through the workmen comp commission hearings...even though they know they will have to pay everything from when they stopped, and my lawyer fees for undue delay in payments once a trial (which is our next step and will be done shortly) happens, they refuse to pay me anything and keep offering silly un reasonable settlements in hopes they have starved me out and i take it in desperation...isnt going to happen.
Now to further ease your apparent ignorance in the matter...what exactly am i demanding...a settlement in a workmen's comp case is not for any damages, punity, or other...it is strictly an amount of money to cover the expected medical expenses when they occur...a company does not have to settle...they have that choice. When they do settle, they are no longer responsible for the injury in any way what so ever...that is their incentive. Settlement demands are formed on the basis of medical recommendations and approved guidelines for every part of your body with a given percentage of disability..they have to be quantified...as mentioned, there is no pain and suffering or anything like that...only what it would cost for that company to cover you, like in my situation, when the surgery on the back and wrist happen...it includes everything, meds, surgery costs, time allowed off work for healing...and in the end, a sum of money, pre determined through laws and guidelines for your loss of ability with the affected part...each and every surgery for most structural parts of your body causes further loss of function...in my wrist i have already lost 20% movement in the up and down...that comes out to about a 20% loss of ability...what that means for me is simple...i cant move the wrist any more to full extents...i cant play my guitar well anymore, i cant grip things well anymore, i cant hold things in my left hand for much time...i cant even push a grocery cart around a store with it anymore, i have to use my arm...
Now with the references made to falling out of a truck, etc...one of my friends asked me what happened and jokingly said what did you do fall out of your truck and laughed...i laughed too and let him believe what he wanted to believe...and he told someone else and now you have a rumor...the kicker is...even if i did fall out of the truck as accused...that is still covered under workmen's comp...conway wrote me up for tripping in a hole...that was almost as funny as the falling out of a truck...
So who is the monster in this pic...me? I dont think so...am i asking for undue money? No...the actual cost of what everything to fix me back is more like $350,000.00. To move the issue on and complete it, so as i may get fixed and return to a productive work life, we asked for lower, $225,000.00. Conways counter was an insult and very indicative of how they manage their workmen's comp issues...like when a DSR picks a piece of plywood up and throws his back out and gets 21000.00 for it...it is cases like that that creates problems for everyone...you know the type, i broke a finger, now give me 7000.00...
I realize this was a long post, and if you read the entire thing great...if you do not, then you are obviously only concerned with running your mouth off at things you do not know anything about...:smilie_132: