Legal Question in Workers Comp in California

Would it be alright for me to send this to the insurance that is now handling my claim. Please note that I have placed XXXX where it should be Employeer, Dr. N.P. and or Office Staff. As well as personnal info. I did leave my e-mail address. I would like to be decreet as possible as I have never done this before or have been injuried at work.

08/27/2012

Claim Number: XXXXXXXX

XXXXXXXXX

XXXXXXXXX or To Whom It my Concern,

XXXXXXXXX or To Whom It My Concern,

I�m writing this letter to find out what type or kind of compensation Your Company might or will offer on my work related injury that Your Company is handling for XXXX.

I have not yet seeked any Legal Advice or Consultation and my reasons for compensation are as follows listed below.

While under the care of XXXX and being seen by two different Doctors and P.A. in the course of 5 weeks not one of them could come to or agreement on what was wrong or how to treat my injury.

A) Seen 1st by XXXX, she was not sure if I had a hernia or not a said I would have to return to be rechecked, prescribing pain pills and heating pad.

B) Then XXXX who said that I had a testicle infection on right testicle and treated it as such and prescribing medication for infection.

C) Back to XXXX again who said that she was not sure that it was a hernia but would have to have her boss Dr. Saquid check and prescribed more pain pills.

D) Back to XXXX still saying it was an infection and prescribed more antibiotics.

E) Now XXXX who did not examine me only asked how I was feeling and prescribed more pain pills and gave me a phone number to call and request a C.T. scam of lower abdomen.

F) Back to XXXX with copy of C.T. scan and was informed that there was no one there to read them and who now requested that I see a Surgeon and Urologist. Prescribed more antibiotics.

G) Back to XXXX who informed me that I had an Umbilical Hernia and would have to see the Surgeon and prescribed more pain pills and said I would not be returning to U.S. Healthworks.

H) Also received a call from Case Nurse Manger XXXX stating the same and that an appointment was being scheduled to XXXX the Surgeon that was now handling my case.

Also that she was having difficulties in scheduling an appointment with Urologist for possible infection. I had informed C.N.M. XXXX that I had seen my regular Doctor and that I had informed them of what was taking place with my worked related injury and that I was informed by my Doctor that I did not have an testicle infection. CNM XXXX asked if she could talk with my Doctor and I said yes.

Now being seen by XXXX I was informed that I have a Double Bilateral Inguinal Hernias.

From 3/06/12 to 4/09/12 being seen at XXXX by Dr.�s and P.A.�s - 5 weeks of indecisiveness which caused 5 weeks of un-need pain, suffering and stress as well as being missed diagnosed not to mention the 2 more weeks in waiting for approval and scheduling of surgery.

Surgery has been scheduled for 4/26/12 7:30Am

Surgery Day 4/26/12 and the Eight Days that followed where the most unbearable and painful I have ever have had in my life. The pain was unbearable and I can�t see why this is done on an outpatient bases when it is so difficult to move around or do anything. This should have been a Hospital stay where the proper care can be given for post-surgery for at least 6 to 8 day in-order for proper healing.

A) Saw XXXX 5/3 and I informed him that that was the most pain and discomfort that I have ever experienced following surgery. XXXX checked out his surgery that he had done and scheduled next appointment. At this time I asked if I could start taking Ibuprofen as the pain medication that he had prescribed was upsetting to my system and he said yes. XXXX did not ask about how I was doing with the discomfort or pain.

B) Saw XXXX for next 2 appointments and on appointment day 5/31 I let him know that I was not feeling right on the right side, that I was having discomfort on my right-side. I could see some swelling and feel soreness. XXXX said it was part of the healing process.

C) Saw XXXX on 6/14 and again told him about right side discomfort, swelling and feel soreness and XXXX said it was part of the healing process.

D) Saw XXXX on 7/03 and again told him about right side discomfort, swelling and feel soreness and now he has scheduled an Ultra Sound to see what might be going on. Ultra Sound scheduled and went to.

E) Saw XXXX on 7/19 and was informed that Mesh on Right Side may have come loose from inner-tissue and is balling up and this is what is cause discomfort, swelling and soreness. Surgery will have to be scheduled to remove it and will need to approved first before moving forward.

Surgery scheduled for 8/9/12 7:30Am.

Now having to have Surgery to remove Mesh from my right side, which I believe is from not receiving proper post surgery care after Double Bilateral Inguinal Hernias. My wife is not a Nurse and my home is not a Hospital with proper equipment that will allow me to enter and exit a bed the right way that has height controls to raise or lower. Chairs and more so Toilets that are higher then home toilets to easy in sitting and standing. As well as general care that is provided when having such surgery to help in reliving pain and discomfort that Trained Hospital Staff provides.

Surgery Day 8/9/12 and again I undergo the same pain and discomfort as before but now only on the right side. Was informed by XXXX after surgery with my Wife present that he was not able to remove all mesh. He removed as much as he could get to and that there still might be some discomfort.

A) Saw XXXX on 8/16 told him that again it was very painful and

discomfort able as before. Next appointment scheduled for 8/30.

B)

Now I have not even listed the amount of lost Wages, which does not even take into account lost Possible Over Time, which I know I would have gotten as XXXX does not have adequate relief personnel. And I still don�t know when I�ll be returning to work. The Moneys sent by Insurance are short by several hundred dollars of what I would make on a normal 40-hour workweek schedule.

Pain, suffering and stress, which are so many in each area I don�t even know where to start.

The way that this has change the quality of my life since the injury, not being able to do thing that I�m an used to doing such as enjoy Time With Family, R.V., Boat, Seadoo, Motorcycle, My Own Pool in the back yard because Dr says no swimming or excessive exercise due to re-injury or mussel pulls. I�m just sitting there unable to do anything.

A Whole Summer has gone by and I have not been able to enjoy it due to this injury, which was not fault of my own.

Having to pay for lawn and pool service because of being placed on work restriction that do not let me lift-pull-push anything since 3/06/12 because of 5 pounds and over.

I�m am open to hear what if anything you may or might be offering and if I feel that it is acceptable this matter will be closed.

I also believe that this is time sensitive issue.

Thank You,

XXXXXXXX.

Claim Number - XXXXXXXX

Home Telephone - XXXXXXXX

Home E-mail - [email protected]


Asked on 8/27/12, 4:59 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

I passed out at line 6.

the adjuster WILL NOT finish this.

No one cares what you 'believe' or what you 'feel'. NOt even the judge. No one cares about your pool or your lawn...or your summer.

Your English is improper, revealing lack of education... something you must avoid. (the words "seeked" and "Injuried" are not English words.)

There is no recovery at all for pain & suffering & 'stress' in workers comp.

There are no lost wages in Workers Comp... only TTD for specific dates the doctor writes you are TTD.

INSTEAD: Write for $25,000 to close the case. That short of a sentence without explanation. Then you'll get an offer back of about $15,000. Then you'll go get an attorney, which you should have already (given you said 'yes' to horrific surgeons over and over).

Read more
Answered on 8/31/12, 1:19 pm


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