Finally found out

After three weeks and a couple of days, the official ruling from workers' comp is it was an "idiopathic condition". Which is a fancy way of saying it wasn't work-related. Which means they're going to pay for the medical treatment I've had thus far, but they're denying me any wages or further treatment.

I'm still on crutches. The MRI showed I've torn the meniscus, which requires surgery to repair. I have had no income for three weeks, and virtually no prospect for any, including unemployment (because I'm on restrictions). I also have no health insurance on my own.

I'm now about to enter the land of appeals, and maybe try to find a lawyer who will take the case on contingency since I can't pay them a dime. But in the mean time, I have to try to find a job I can do on crutches, or force myself to walk on it anyway.

Happy ****ing Holidays to me, huh?

 

Like I always say, things never stay bad for long. It will get better.

 

The very meaning of idiopathic is in contradiction to the doctor diagnosis.

I'd say there is a stong case here, assuming it happened at work, and I am sure it did(I didn't see the original thread).

 

Their reasoning is because I was "just" walking, it didn't matter that I was at work while it happened, because it could have happened anywhere. They cited Michigan law to me, in that an "idiopathic condition" is one that cannot be directly proven to be caused by a work-related activity. Apparently the injury has to happen in the "course and scope of your employment". The course I have covered, because I was on the clock. Had I been on steps, or if the carpet was torn up, or if there had been a pebble on the floor that I tripped on, it would have been covered. But since I was just walking and twisted funny to hold the door for someone, it is not. Too bad it wasn't the door at the bottom of the steps we'd just descended, and too bad the guy I held the door for didn't let me carry the big bag we'd just taken a bunch of balloons out of to throw into the crowd.

Serves me right, not lying when they asked me what happened. Seriously.

And you're right, Adryn...the very definition of idiopathic is in direct contradiction to what they're telling me. I looked it up.

 

Hmmm, I thought the whole idea of workman's comp was if you got injured on the job, not necessarily BY the job. :confused

 

Yeah, me too. Hey, who knows...maybe if I win I'll set a precedent and help future workers who are about to get screwed also! There...knew I'd be able to find something positive in all this BS if I tried hard enough.

 

It has been my experience watching a Father on Disability, a Father-in-law on disability and a spouse on Disaility, that they deny ALL claims beginning at the inception. My Father could not walk 300 feet without collapsing and they declared he could still be involved in heavy construction.

Appeal the decision and contact a lawyer.

Wishing you well SgtTibbs...

 

So sorry to hear that, S.T. Yeah, 'idiopathic', as said can mean just about anything you want it to. But it's not like you 'grew' a busted knee, or something rolleyes.

Apart from launching an Appeal, which you already know about, maybe you and/or the Union can get a newspaper/T.V. station to publicize the unfairness of the predicament. People tend to reconsider their actions, given enough publicity and outcry. I dunno, even if that does happen, it's bound to take a long time, which doesn't help you much now, I know. Bad time of the year to be out of income, unfortunately. Good luck with all that, Sarge.

 

Oh, Sgt. Tibbs, I agree! Get a lawyer, because you were "on the clock" they are they are just trying to scare you, get a lawyer, and let them have-at-it!
I cannot believe that "law". I also have never heard of it before, either... Go for it, and don't' give up!

 

Sgt. Tibbs, aren't you a Union worker? Call your local, and get a Union Rep. involved.. They will help you. You were hurt at work, on the clock, and you were on company property, you were still "in the workplace, so don't take that answer they gave you...

My husband has gone thru 2 knee surgeries, and it is a long slow recovery, and is not cheap.. You need to get a Lawyer, and contact your Union Rep. This is unbelievable..

Best of Luck to you, and don't let them push you around. You walked into work that day, didn't you? Sounds like a lawsuit to me, too.

 

Hey SGT. I did some leg work for you as I too have the same and yes from work. I have 2 torn meniscus in the same knee Medial and lateral. I see the doc 2-3 times a year to see how things are progressing and to get refill on prescripts that I have been taking for a while.All this paid by WC. Yes they have to pay ALL for the rest of the duration of the injury or until it maxes out then it gets turn to rehab as they will do everything possible to get you off WC and back to work. My situation is coming a little closer to an operation in the next 2-3 years the way the doc and I see it.(I have a great Orthopaedic)and yes the companies insurance picked him out as they have that right by law. Anyway My injury is what 's referred to as a gradual injury or by law “an injury not attributable to a single event.” and I really feel you fall under that category as well. Just take a look at the State of Michigan Workers Compensation laws. You might want to print/email them a copy of it as I feel they have forgotten their own laws which happens from time to time. NOT
Follow this link
http://www.michigan.gov/wca/0,1607,7-191-26918---,00.html
Then go down the list to
"An Overview Of workers Compensation In Michigan" Which should bring you here;
http://www.michigan.gov/documents/wca_PUB-004_135317_7.pdf
Once you are there then go to page 19(by way of the PDF Tool Bar) it will be the 6th chapter "Disability" and the questions that you want to read are;
What if the work is only one of the causes of an injury?
Are gradual injuries and diseases covered?
By what you said in your post that you where holding a door at the bottom of the Steps and twisted your knee. The fact is you have been there how long going up and down those steps to do What for Whom for 8 hours a day?
As you read the passage from the links I gave you I think you'll understand what I am saying.
In my case I worked for the city and my job for 10 of the 12 years that I was employed there was to get in and out of the cabs of 1 tons,5 yarders,backhoes & tractors, as well as jumping on and off the beds/back to load and unload what ever it was I was carrying. Never in a million years did I think once that I could tear something in my body just by getting in and out/up and down but I evidently did. The doc said that over time it stretches and puts wear and tear on the ligaments and they can't take any more and tear.
I hope everything works out for you on this. My Mom would always tell me that there was always a silver lining you just have to look for it. There's one in your situation SGT.

BT

 

HA HA HA HA HA!!! Oh, dear, if I didn't laugh at the absurdity of the situation you are in, Sarge, I would be crying.
Once again, the 'little guy' is hung out to dry. You can bet a pound to a pile of cow pats that if this situation had occurred involving a manager or board member, all the medical and insurance costs would be met by the company.
Stick at it and don't give up. These people need to be shown that the worm is turning and that us wee folk aren't standing for their crap and unfairness any more. You make a fuss and let them know that you aren't going away.
BT is right about looking into your state's employment laws. I'm sure you will find something in there to enlighten the doylems who make these absurd decisions.
Best of luck in your endeavours and I am with you in spirit 100%.

GO GET 'EM............:major

 

My Sister-in-law is going through the same thing. Hurt her back at work. I believe something to the effect of 3 bad discs in her back. Happened while rolling a patient over. The "Specialist" she had to see says there is nothing wrong with her. Her appeal is the first part of Jan.

Maybe this place can help as they appear to deal with the idiopathic injuries?

http://www.cousineaulaw.com/forum_series/forum_idiopathicinjuries.htm

With being union, does your contract have an S&A clause/provision?

We're praying for you and that all will work out soon.

 

Thanks everyone! I'll look at the information given (and thanks a LOT for doing the research for me!!!!) just as soon as I come out of the overwhelmed/depressed stage. Right now I just want to crawl under a rock for a decade or so. I'll get over it, and I'll come out swinging. I always do.

The irony here is that I've been one of the people at the table for the last three contracts, so I know the thing backward, forward, and inside out. I'm often chosen to BE the union rep for things. LOL

 

No, it's the company's insurance company. I just found it funny that everyone said to talk to my union rep (which I will do as soon as I get the paperwork so I have something in writing) when it's often me who is the union rep. :-D

 

Which is why it's so stupid that they're using it in this situation. The local NBC affiliate has footage of me walking perfectly fine that morning (we did a breast cancer awareness thing and they were there for about an hour). I had been on the clock for about fourteen hours when it happened. The cause is absolutely known...I stepped and twisted and the cartilage tore.

I tried to start the process today, but I just can't deal with it yet. I'm going to use the excuse that I don't have paperwork yet so I can't really answer most of the questions I need to yet. Reality says I'm just too depressed to deal with it just yet.

 

Sounds to me as though you work for an idiopathic company coming up with idiopathic ideas of not paying out, basically passing the buck ( as it where ) like JOTS says stick at it and don't take any crap from them, they'll be like all companies, at the end of the day your just a number your not a person, or devoted employee, head down sarge and get stuck in mate !

 

Even better. The show was still going on, which means the paramedics were still on-site. Which means they checked me out there and gave me a ride to the hospital in an ambulance. :-D And yes, definitely while working. I was on my way to start the third part of a three-part, 19-hour workday.

Ironically, I just got the bill from the hospital in the mail a few minutes ago. Apparently my employer chose not to provide them with the address of their insurance company. I've fixed that.

 

Methinks you misunderstand the term, 'idiopathic'

 

Yeah, the irony wasn't lost on me. I hope you feel a lot less overwhelmed soon. Good idea not to do any important paperwork until you're in a better state of mind. ~ Take care, then.

 

You have copies of this to hand over to that lawyer, right?

I agree with everyone else. Get in touch with your union as soon as you can, and see if they have a lawyer on staff. This is what unions are for, protecting your rights when your employer tries to step all over them.

You were injured while at work, you're in the right and they are sooo in the wrong. Go get them, Sergeant. :boxing

 

Well, Sgt. Tibbs, it sounds as if things are looking up finally! With that evidence, and the TV filming, I am sure YOU hold the cards, and not yoru employer... If you have all of this, you have one heck of a case! Go get 'em!