133 Search Results for "disabled"

• burnsey

  • Views: 4
  • Since: 2 days ago

• krisinoz

  • Views: 6
  • Since: 3 days ago

• Bevie

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  • Since: 5 days ago

• jafee314

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  • Since: 6 days ago

• DEDICATED TO WORKCOMP1

  • From: NeuroStimulator
  • Description:

    THERE WAS GOING  TO BE A BIG MEDICAL MEDIA STORY WHICH AGAIN IS BEEN PUT ON THE BACK BURNER WHY YOU ASK? THE REASON IS BECAUSE WORKERS COMP MEDICAL HORROR STORIES ISN'T THE SWINE FLUE OR THE STORY WE ALL KEEP HEARING EACH TIME WORKCOMP1 OR INSIDE222 POSTS ANOTHER BLOG.

    HOW ABOUT JOHN WOODWORTH OUR VERY OWN DISABILITY DIGEST WEST COAST EDITOR WHO HAS PUBLISHED MANY STORIES ON WORKCOMP1 ON THE DIGEST. THE MEDIA KEEPS AVOIDING THIS STORY JUST AS RON'S LAST STORY AS HIS BLOG WHICH HAS OVER 5,000 VIEWS IN LESS THAN 2 MONTHS TIME.

    THE INVESTIGATIVE REPORTER IN LAS VEGAS WHO DID THE LAST STORY ABOUT THE REAL TRUTH ON WORKERS COMP IN NV THAT IT'S ALL ABOUT THE INSURANCE COMPANIES. SO WHY NOT NOW WITH THE HEALTH CARE BILL NV IS THE WOSRT STATE OUT THERE? WHY IS THE MEDIA RUNNING THE OTHER WAY, WHEN HIS DR. IS THE ONLY ONE FIGHTING THE SYSTEM AND SO IS WORKCOMP1.

    RON HAS OVER 10,000 VIEWS MORE THAN ANY OTHER DIGEST MEMBER. HE HAS HELPED ME SO MANY TIMES WITH GREAT ADVICE AND HIS BILL OF RIGHTS BLOG HAS HELPED SO MANY OF US ON THE DIGEST THAT WE JUST DON'T SOMETIMES TAKE THE TIME AND RATE HIS BLOGS.

    HIS FAMILY IS LOOSING THEIR HOME DUE TO THIS AND HE IS IN WORST SHAPE NOW THEN AFTER THE FIRST SURGERY.

    INSIDE222 HAS HAD A BLOG LAST MONTH WITH MORE THAN 2200 VIEWS ABOUT " NOBOBY IN  LAS VEGAS WANTS TO INVESTIGATE THE WORKERS COMP SYSTEM" GREAT FEEDBACK WITH SOME NEW MEMBERS LIKE CHRISYM WHO HAS ALSO TRIED CALLING ON RADIO STATIONS ON HIS BEHLAF.

    WORKCOMP1 FOR THOSE WHO DON'T KNOW HIM HAS HAD THE WORST TWO YEARS OF MEDICAL PROCEEDCURES AND WORKERS COMP SYSTEM HAS MADE HIS LIVE A LIVING HELL.

    I ALSO KNOW HE HAS HELPED MANY OTHER MEMBERS IF YOU LOOK AT HIS PROFILE WORKERS COMP MEMBERS HAVE LOOKED FOR GUIDANCE FROM HIM. HE TRIES TO EDUCATE US AND HELP ANYONE IN NEED OF RIGHTS OR WHO ARE GOING THROUGH THE SAME STRUGGLES GUIDANCE.

     

    I AM ASKING FOR THE MEMBERS TO GO ON AND RATE HIS BLOGS AND THIS ONE SO MAYBE THE MEDIA WILL MAKE IT A PRIORITY. IT'S TIME HIS FAMILY AND HIM GET SOME SALVATION AND SOME GOOD LUCK.

     

    I AM INCLUDING SOME PAST BLOGS OF HIS AS WELL AS INSIDE222 WHERE YOU CAN SEND HIME A MESSAGE AS WELL FOR SUPPORT. IF WE ALL RATE THE BLOG AND WRITE ON BEHALF OF WORKCOMP1 SOMEONE HAS TO LISTEN.

    PLEASE GIVE YOUR SUPPORT TO WORKCOMP1. HE HAS HELPED ME AND SO MANY OF US.

    THANK YOU,

    NEUROSTIMULATOR.

     

    Workers' Compensation: Injured Workers at Disadvantage

    Nevada's long-troubled workers' compensation system was drastically revised five years ago in hopes of streamlining the process of caring for injured workers. But if you are injured in the workplace now, the private companies that have taken control of the program could leave you without medical care, without compensation, and without a job.

    John Taylor, with the Association of Injured Workers, said, "They stretch it out as long as they can. Taylor speaks from experience when he says the Nevada workers' compensation system delays the claims filed by injured workers. During the years he worked at the Nevada Test Site, Taylor lost an eye, demolished his hearing, and wrecked his back. He's spent the past 13 years fighting the system, which he says was bad when the state ran it and went downhill from there.

    John Taylor said, "Other states, they've privatized. There you can still sue. Nevada is the worst."

    Along with privatizing workers comp, Nevada also exempted insurance companies from legal damages if the companies ignore the law. The worst that could happen to them is they might have to pay out what they should have paid out in the beginning. So, why not deny and delay?

    Dean Hardy, an attorney for injured workers, said, "So there is no incentive to say yes to compensation, or yes to medical care, or yes to a change of doctors. It gives blanket immunity to a third party administrator or insurer for violating the statues they're supposed to be upholding"

    One of Dean Hardy's clients is a firefighter who suffered on the job injuries while fighting the early 80s blazes at the MGM and the Hilton, and other injuries as well. The county doesn't want to pay for hismedical care so the fireman has had to go to court to try and get his medical bills covered. At every step, the deck seems stacked against theinjured worker.

    A 2005 legislative audit found that many workers aren't informed of their rights when injured. If they don't file a claim within seven days, it's too bad and too late. The state's Division of Industrial Relations is supposed to oversee the private insurers, but the audit found in more than half of the cases, the D.I.R. failed to force insurers to meet the statutory deadlines in handling claims and were lax in fining employers who had it coming.

    Aubrey Goldberg, an attorney for injured workers, says the state seems to have little appetite for sanctioning companies that break the rules. "I find it's hard to get them to do those things most of the time. Is it much zeal? My personal view is no, there isn't."

    Worst of all for the injured worker, Goldberg says, is the move to managed care programs. A worker injured on the job will be sent to a doctor or clinic that essentially works for the insurance company. "Their primary loyalty is to the people who are paying them and not to the injured worker," Goldberg added.

    Dean Hardy says doctors have been known to reverse findings favoring the injured worker after being contacted privately by the insurers. "The doctors recognize what keeps them on the panel -- opinions that do not favor theinjured worker. Oftentimes those opinions aren't medically supportable, and that's really tragic. They will taint medical opinion and try to tailor it for the employer or insurer... I do see it happen."

    Those doctors who do the right thing get fired, Hardy says. Workers who try to appeal bad rulings in hearings often find themselves up against lawyers or other experts hired by the other side.

    Kelly Oakley, who demolished his back working at McCarran Airport, was terminated for medical reasons. A hearing officer was sympathetic but ruled for the other side. Oakley said, "Workers' comp? It's maybe one step above welfare, if that. They treat you like you're on welfare."

    Officials at the Nevada Division of Industrial Relations, which is supposed to oversee the privatized workers' compensation program, declined repeated requests by the I-Team for on camera interviews. However, they told us off-camera that injured workers are often at a disadvantage, especially if they have to fight for their claims without legal representation.

    Eyewitness News plans to keep an eye on the workers' compensation story in the months ahead.

    Email investigative reporter George Knapp at gknapp@klastv.com

     

    Worker’s Comp System Severly Abuses Disabled Man

    An earlier post from this blog annotates the woeful and absolute outrageous treatment being heaped upon one of our members, Ron Markowicz, by the Worker’s Comp System, including his own attorney, whose firm appeared to be in collusion with the Insurance Carriers by ceasing all pertinent services to his case apparently driven by fear of potential corporate harm through future litigation.  No medical help for months.  No answers from the attorney—-only mis-statements.  No help anywhere.

    As a former vocational counselor, I have seen this type behavior before—and it generally stems from a surgical mistake, then when aninjured worker continues to complain, the first thought emanating from the Carriers, attorneys, et. al  is:

    ‘Stop the services!  Send out false information to the worker!  Make outrageous claims that the worker is not complying with the various service providers! Cover your ass!’

    And ad naeuseum….the spin merchants, coupled with loss prevention departments of these huge insurance conglomerates begin to work their magic—–here’s what they do to a lot of people who might have a legitimate complaint:  they simply stop sending their monthly check.  No explanation.  Can you imagine the panic?

    As it is, you are lucky if you receive two thirds of your normal salary while on the Comp System—and now, suddenly,  you have no money to pay for anything!  Most of the times, they will re-start the financial benefits, but not before causing theinjured person to suffer further through stress by making them late for credit card or rent payments.   Add to it a nightmarish quality– I have personally heardinsurance company rehab co-ordinators,  while at industry ‘functions’, exclaim great humor at how many  people they ‘put the screws to’ that week.

    Folks, this stuff is industry wide, and it sickens me to watch it continue.  This should be considered health care reform, too, and the political writers seem to simply ignore the horrendous level of abuse perpetrated by the ‘business’ side of this system, while the person who is already hurt and suffering, suffers further at the hands of those who should be honestly assisting them to achieve their best level of  gainful re-entry to the work world. (or determine that will never be possible)

    It should be obvious to all that creating an adversarial system, instead of a truly philanthropic, medically progressive streamlined system, the worst of all possibilities occur, where delays are normal, and communication among the providers is poor, at best.  Built for failure.

    And, as all our members know, the Social Security Disability system certainly seems bad enough— difficult and hurtful at many turns.

    At this writing, there over a million cases which are officially ‘backlogged’ in the Social Security Disability system.  Unless you take the  free course offered here at the Disability Digest, you can easily wait three full years before receiving benefits. (and that’s if you’re not backlogged)  Three years!  No excuse can be offered which might even approach credibility.

    But the Worker’s Comp System—-if anything can be more problematic than Social Security Disability, it’s this damnable system in which Ron Markowicz continues to suffer.  But, some progress had been made.  There may be a ray of sunshine.

    While I cannot comment on case specifics,  I can say that some advancement is being made on the medical side, as Ron’s original physician is only now re-activating his services to him, but still faces an uphill battle against a  stone-walling industry.

    Also, due to many different and serious inquires to the Nevada Governor’s Office, there has been progress toward publicizing Ron’s case fully, exposing it for the utter disgrace it remains.  As it may involve the National media, his case could be re-opened, and the proper medical procedures enacted post haste.  These major corporations do not appreciate black marks against them, as stockholders are already nervous these days.

    So, with enough pressure, Ron would immediately receive the attention he needs, and in the proper order,  which is vital in his case.

    He is truly disabled, suffering the results of several breaks in his back from a serious fall while at work, then surgical mis-feasance resulting in pieces of metal floating in his back, now invading the surrounding soft tissue, creating intractable pain.

    The link to the initial information in this case is a fairly long read, including my post describing the Worker’s Comp System, and the specific details of his case—then, a page of a well kept medical file which further elucidates Ron’s situation.  Again, if any readers have a golden rolodex, please forward this appropriately.

    http://www.thedisabilitydigest.com/blog/235/missing-in-action-justice-for-disabled-injured-worker/

    We continue to press our efforts towards resolving this unsettling dilemma, as justice should have it.  The overarching reality is: Ron’s case could be your own.  He did not violate any ‘rules’ and was always forthcoming with his medical providers and insurance carrier.  That was pre-surgery.

    Today is a different story.

    Best to all involved,

    Advocate

    john at thedisabilitydigest.com

     

    PLEASE READ MY OTHER 2 BLOGS ON THE DIGEST AS WELL. PLEASE VOTE FOR THE WORKERS COMP. INJURED WORKERS BILL OF RIGHTS TO BE PASSED. CA AS WELL AS MANY OTHER STATES ARE TRYING TO PASS THIS BILL. OF COURSE NV WE ARE NO WHERE NEAR CLOSE TO BEING HEARD OF ANY RIGHTS WHAT SO EVER.

    ONCE AGAIN I THANK EVERYONE ON THE DIGEST FOR THEIR SUPPORT AND WITH YOUR COMMENTS AS WELL AS YOUR RATINGS IT HELPS FIGHT THE FIGHT.

    WORKCOMP1

     

    Nevada Worker Compensation System Flaws Detailed BY NV GOVERNMENT
    
    
    
    

    WORKERS COMP INJURED WORKERS BILL OF RIGHTS

    
    

    WORKCOMP1

    NOBODY IN LAS VEGAS WANTS TO INVESTIGATE THE WORKER'S COMP SYSTEM...WHAT IS THE PROBLEM???

    After reading about the terrible state of affairs happening in Las Vegas with their Worker's Comp system and reading Workcomp1 (Ron Markowicz's) blog and the tragic circumstances he has been put through by the system, I felt I needed to blog once again about his story and the LACK of effort on the part of investigative journalists not only in Las Vegas, but also in the National Media.  I just can't understand why Ron's story has NOT been reported on by any journalist, as this is certainly NEWSWORTHY and would more than likely win a pulitzer prize for the journalist that writes/reports the piece.  After reading the story written by George Knapp, which references a lot of the problems Ron has faced in the worker's comp system in Nevada, I am hopeful that Mr. Knapp will report on Ron's case specifically as the groundwork has already been laid and Ron's story will force the Nevadaworker's comp system to be overhauled and changed for the better. 

    And as in George Knapp's article which you can view at the end of this blog:                                                                           

    I live in California and have been through the Worker's Comp system here and found it to be pretty well managed.  Of course, I did not go through any of the problems Mr. Markowicz has faced, but at least I received medical treatments, was compensated in a timely manner, was able to use the Independent Medical Review (to have a State certified Doctor) review my case and see if he found the same disability rating as my treating specialist (as the Insurance Company was trying to settle the claim for a very small amount & I did not agree with that rating). 

    As with many people here on The Disability Digest, these injustices CANNOT be allowed to continue and the community has to stand up and make a stand against the companies, attorneys, insurance companies, medical practitioners that mis-treat them.  You would hope there would be some legal remedy, but in Ron's case it seems that his attorney (that he recently fired was asleep at the wheel)--malpractice, the one surgeon that removed the stimulator device from his back and left metal in his back--(malpractice)...There has been ONE shining light in Ron's story..His first Doctor who has been trying to help Ron get the treatment he needs, yet this Doctor has not been paid by theWorker's Comp system.  Sometimes it can take 1 year or more for these Doctors to get paid by this system.  What a travesty of justice NV has.  Ron's Doctor's name is Dr. Daniel Fabito and should be highly commended and applauded for his efforts and his highly ethical treatment of Ron's case.  This is amedical practitioner that more should try to be like as he has the care and well being of his patient in mind and he goes to great lengths to fight the good fight on the patient's behalf.  I would recommend that anybody that gets injured on the job would go to this Doctor because he truly cares about his patients.  Keep this Doctor in mind if you ever get injured while working inLas Vegas.  Here's the Doctor's info:

    Comprehensive & Interventional Pain Management
    Daniel Fabito MD
    AMA Board Certified
    www.DrFabito.com

    Contact:    Info@DrFabito.com

     

    PLEASE EVERYONE RATE THE BLOG, AND SUPPORT WORKCOMP1
    

  • Blog post
  • 6 days ago
  • Views: 1673

• The Peasants Cottage

  • From: vsg
  • Description:

    I had started a webpage to showcase the work we had done before both of us became disabled (rescue farm animals).  That site is http://thepeasantscottage.com  it also is to showcase my husband's many writings and it is a work in progress.  But my skills at development are nil at best.  I was a programmer analyst and the positions I held before my disability did not allow for web design or development.  Plus I have not the funds to get the tools needed that this site requires.  I so wanted to get this done as my husband is a critically ill cardiac patient and his time is limited.  I fear my lack of resources and skills won't get this done.  As well there is this same domain, plus a .org, but I have not used it because we have not sent in the paperwork for the non-profit.  The hope was to solicit help with the animals we have left.  I gave up that hope when I realized people in this community don't want to help us at all.  When we were in such dire need before my case was settled, people would donate hay and feed - supposedly out of the goodness of their hearts.  But I have found out from several sources that all that came with judgemental strings.  We have let go of many animals, but the ones left were those no one stepped up to give homes to.  People were quick to dump off those they did not want on us, but come time we needed help to find homes for some, there was no one to help.  Worse, we now hear people say that 'if they didn't have animals, they might have something!'  that was heartbreaking to both of us.  they do not know what we have been through  my husband's heart attack that nearly killed him and then my disability that cost me my career.  it seems the only way to supplement our small limited income is by a website, but i have no idea where to begin and cannot afford these scam outfits that promise income and only take your money.  we are so disheartened by what some in this community have said about us (I have worked since I was 12, played by the rules, and my husband has given the shirt off his back).  But this hurt is so great, I am taking down this web site.  It features our home, his writings and our animals.  There was another I wanted to start:  thyhealingheart.com (and .org), but so far it is just a domain name and nothing else.  I am out of ideas.  I certainly cannot have a site asking for donations.  So I need something else to generate income and an income that is NOT dependent on the people around this area.  We need help.  I have the computer skills and equipment, but that is all.  I have not checked out Site Build it, but I am sure with my experience I can soon put it to good use.  But trying this website on our own has been So depressing and I am one of those left without insurance, so I deal with my illness as I can until Medicare kicks in next March.  This is TMI, I know and I do not even know if this is what you wanted as a description.  But here it is. 

  • 2 weeks ago
  • Views: 10

• Happy Place Farm sign by the k

  • From: vsg
  • Description:

    I had started a webpage to showcase the work we had done before both of us became disabled (rescue farm animals).  That site is http://thepeasantscottage.com  it also is to showcase my husband's many writings and it is a work in progress.  But my skills at development are nil at best.  I was a programmer analyst and the positions I held before my disability did not allow for web design or development.  Plus I have not the funds to get the tools needed that this site requires.  I so wanted to get this done as my husband is a critically ill cardiac patient and his time is limited.  I fear my lack of resources and skills won't get this done.  As well there is this same domain, plus a .org, but I have not used it because we have not sent in the paperwork for the non-profit.  The hope was to solicit help with the animals we have left.  I gave up that hope when I realized people in this community don't want to help us at all.  When we were in such dire need before my case was settled, people would donate hay and feed - supposedly out of the goodness of their hearts.  But I have found out from several sources that all that came with judgemental strings.  We have let go of many animals, but the ones left were those no one stepped up to give homes to.  People were quick to dump off those they did not want on us, but come time we needed help to find homes for some, there was no one to help.  Worse, we now hear people say that 'if they didn't have animals, they might have something!'  that was heartbreaking to both of us.  they do not know what we have been through  my husband's heart attack that nearly killed him and then my disability that cost me my career.  it seems the only way to supplement our small limited income is by a website, but i have no idea where to begin and cannot afford these scam outfits that promise income and only take your money.  we are so disheartened by what some in this community have said about us (I have worked since I was 12, played by the rules, and my husband has given the shirt off his back).  But this hurt is so great, I am taking down this web site.  It features our home, his writings and our animals.  There was another I wanted to start:  thyhealingheart.com (and .org), but so far it is just a domain name and nothing else.  I am out of ideas.  I certainly cannot have a site asking for donations.  So I need something else to generate income and an income that is NOT dependent on the people around this area.  We need help.  I have the computer skills and equipment, but that is all.  I have not checked out Site Build it, but I am sure with my experience I can soon put it to good use.  But trying this website on our own has been So depressing and I am one of those left without insurance, so I deal with my illness as I can until Medicare kicks in next March.  This is TMI, I know and I do not even know if this is what you wanted as a description.  But here it is. 

  • 2 weeks ago
  • Views: 5

• Thank you note to Phil

  • From: vsg
  • Description:

    I had started a webpage to showcase the work we had done before both of us became disabled (rescue farm animals).  That site is http://thepeasantscottage.com  it also is to showcase my husband's many writings and it is a work in progress.  But my skills at development are nil at best.  I was a programmer analyst and the positions I held before my disability did not allow for web design or development.  Plus I have not the funds to get the tools needed that this site requires.  I so wanted to get this done as my husband is a critically ill cardiac patient and his time is limited.  I fear my lack of resources and skills won't get this done.  As well there is this same domain, plus a .org, but I have not used it because we have not sent in the paperwork for the non-profit.  The hope was to solicit help with the animals we have left.  I gave up that hope when I realized people in this community don't want to help us at all.  When we were in such dire need before my case was settled, people would donate hay and feed - supposedly out of the goodness of their hearts.  But I have found out from several sources that all that came with judgemental strings.  We have let go of many animals, but the ones left were those no one stepped up to give homes to.  People were quick to dump off those they did not want on us, but come time we needed help to find homes for some, there was no one to help.  Worse, we now hear people say that 'if they didn't have animals, they might have something!'  that was heartbreaking to both of us.  they do not know what we have been through  my husband's heart attack that nearly killed him and then my disability that cost me my career.  it seems the only way to supplement our small limited income is by a website, but i have no idea where to begin and cannot afford these scam outfits that promise income and only take your money.  we are so disheartened by what some in this community have said about us (I have worked since I was 12, played by the rules, and my husband has given the shirt off his back).  But this hurt is so great, I am taking down this web site.  It features our home, his writings and our animals.  There was another I wanted to start:  thyhealingheart.com (and .org), but so far it is just a domain name and nothing else.  I am out of ideas.  I certainly cannot have a site asking for donations.  So I need something else to generate income and an income that is NOT dependent on the people around this area.  We need help.  I have the computer skills and equipment, but that is all.  I have not checked out Site Build it, but I am sure with my experience I can soon put it to good use.  But trying this website on our own has been So depressing and I am one of those left without insurance, so I deal with my illness as I can until Medicare kicks in next March.  This is TMI, I know and I do not even know if this is what you wanted as a description.  But here it is. 

  • 2 weeks ago
  • Views: 4
  • Not yet rated

• Disabled FREE Pass to National

  • From: EcoScooter
  • Description:

     I recently came across the FREE Federal Parks and Recreation  Access Pass. Available to anyone legally disabled & it's GOOD FOR LIFE. Seems quite easy to obtain too.

    1 month ago

  • Views: 15
  • Forum: This '...

• congestive heart failure disab

  • From: verger
  • Description:

    Hi,

    I'm new to this group and want to introduce myself.  i'm 51, had a heart attack in 2005, went into cardiac arrest and now suffer with congestive heart failure.  i'm on disability but only receive $463 a month from SS, i've been able to manage up until now and find myself not being able to pay bills and some medicines because of lack of funds.  i'd love to work ( i was in carpentry before) but find it a bit impossible to find the right job.  i'm a liability in most cases and often find myself dizzy and faint, needless to say out of breath is a common companion.  i don't think i'd be able to manage a full 8 hr day at the ofice type deal for reason of fatigue and the obvious health reasons.  i've tried to get medicaid, but was denied, you need to be broke broke to qualify, i think in the range of $759 per month.  my wife makes more than that, but so much goes to my meds that rent is impossible.  dire situation to say the least.

    i want to know if anyone has found suitable jobs which can be performed at home, especially internet oriented.  if anyone could lead me in the right direction, i'd be grateful.  i'm definately not into any scam type work, i.e. mlm and the likes.  also any advice on obtaining grants to live or how to get more to live on from our great government would be appreciated.  i'm desperate and open to anything, i've tried so many different leads that i've run out of steam of where to proceed next. please help me to get by.

    thank you

    david 

  • Blog post
  • 1 month ago
  • Views: 38
  • Not yet rated

• NOBODY IN LAS VEGAS WANTS TO I

  • From: inside222
  • Description:

    After reading about the terrible state of affairs happening in Las Vegas with their Worker's Comp system and reading Workcomp1 (Ron Markowicz's) blog and the tragic circumstances he has been put through by the system, I felt I needed to blog once again about his story and the LACK of effort on the part of investigative journalists not only in Las Vegas, but also in the National Media.  I just can't understand why Ron's story has NOT been reported on by any journalist, as this is certainly NEWSWORTHY and would more than likely win a pulitzer prize for the journalist that writes/reports the piece.  After reading the story written by George Knapp, which references a lot of the problems Ron has faced in the worker's comp system in Nevada, I am hopeful that Mr. Knapp will report on Ron's case specifically as the groundwork has already been laid and Ron's story will force the Nevada worker's comp system to be overhauled and changed for the better. 

    And as in George Knapp's article which you can view at the end of this blog:                                                                           

    I live in California and have been through the Worker's Comp system here and found it to be pretty well managed.  Of course, I did not go through any of the problems Mr. Markowicz has faced, but at least I received medical treatments, was compensated in a timely manner, was able to use the Independent Medical Review (to have a State certified Doctor) review my case and see if he found the same disability rating as my treating specialist (as the Insurance Company was trying to settle the claim for a very small amount & I did not agree with that rating). 

    As with many people here on The Disability Digest, these injustices CANNOT be allowed to continue and the community has to stand up and make a stand against the companies, attorneys, insurance companies, medical practitioners that mis-treat them.  You would hope there would be some legal remedy, but in Ron's case it seems that his attorney (that he recently fired was asleep at the wheel)--malpractice, the one surgeon that removed the stimulator device from his back and left metal in his back--(malpractice)...There has been ONE shining light in Ron's story..His first Doctor who has been trying to help Ron get the treatment he needs, yet this Doctor has not been paid by the Worker's Comp system.  Sometimes it can take 1 year or more for these Doctors to get paid by this system.  What a travesty of justice NV has.  Ron's Doctor's name is Dr. Daniel Fabito and should be highly commended and applauded for his efforts and his highly ethical treatment of Ron's case.  This is a medical practitioner that more should try to be like as he has the care and well being of his patient in mind and he goes to great lengths to fight the good fight on the patient's behalf.  I would recommend that anybody that gets injured on the job would go to this Doctor because he truly cares about his patients.  Keep this Doctor in mind if you ever get injured while working in Las Vegas.  Here's the Doctor's info:

    Comprehensive & Interventional Pain Management
    Daniel Fabito MD
    AMA Board Certified
    www.DrFabito.com

    Contact:    Info@DrFabito.com

     

     

     

    George Knapp's story from workcomp1 website:

     

    ______________________________________________________________________________________________________

    INJURED WORKERS @ A DISADVANTAGE

     

    Workers' Compensation: Injured Workers at Disadvantage

    Nevada's long-troubled workers' compensation system was drastically revised five years ago in hopes of streamlining the process of caring for injured workers. But if you are injured in the workplace now, the private companies that have taken control of the program could leave you without medical care, without compensation, and without a job.

    John Taylor, with the Association of Injured Workers, said, "They stretch it out as long as they can. Taylor speaks from experience when he says the Nevada workers' compensation system delays the claims filed by injured workers. During the years he worked at the Nevada Test Site, Taylor lost an eye, demolished his hearing, and wrecked his back. He's spent the past 13 years fighting the system, which he says was bad when the state ran it and went downhill from there.

    John Taylor said, "Other states, they've privatized. There you can still sue. Nevada is the worst."

    Along with privatizing workers comp, Nevada also exempted insurance companies from legal damages if the companies ignore the law. The worst that could happen to them is they might have to pay out what they should have paid out in the beginning. So, why not deny and delay?

    Dean Hardy, an attorney for injured workers, said, "So there is no incentive to say yes to compensation, or yes to medical care, or yes to a change of doctors. It gives blanket immunity to a third party administrator or insurer for violating the statues they're supposed to be upholding"

    One of Dean Hardy's clients is a firefighter who suffered on the job injuries while fighting the early 80s blazes at the MGM and the Hilton, and other injuries as well. The county doesn't want to pay for his medical care so the fireman has had to go to court to try and get his medical bills covered. At every step, the deck seems stacked against the injured worker.

    A 2005 legislative audit found that many workers aren't informed of their rights when injured. If they don't file a claim within seven days, it's too bad and too late. The state's Division of Industrial Relations is supposed to oversee the private insurers, but the audit found in more than half of the cases, the D.I.R. failed to force insurers to meet the statutory deadlines in handling claims and were lax in fining employers who had it coming.

    Aubrey Goldberg, an attorney for injured workers, says the state seems to have little appetite for sanctioning companies that break the rules. "I find it's hard to get them to do those things most of the time. Is it much zeal? My personal view is no, there isn't."

    Worst of all for the injured worker, Goldberg says, is the move to managed care programs. A worker injured on the job will be sent to a doctor or clinic that essentially works for the insurance company. "Their primary loyalty is to the people who are paying them and not to the injured worker," Goldberg added.

    Dean Hardy says doctors have been known to reverse findings favoring the injured worker after being contacted privately by the insurers. "The doctors recognize what keeps them on the panel -- opinions that do not favor the injured worker. Oftentimes those opinions aren't medically supportable, and that's really tragic. They will taint medical opinion and try to tailor it for the employer or insurer... I do see it happen."

    Those doctors who do the right thing get fired, Hardy says. Workers who try to appeal bad rulings in hearings often find themselves up against lawyers or other experts hired by the other side.

    Kelly Oakley, who demolished his back working at McCarran Airport, was terminated for medical reasons. A hearing officer was sympathetic but ruled for the other side. Oakley said, "Workers' comp? It's maybe one step above welfare, if that. They treat you like you're on welfare."

    Officials at the Nevada Division of Industrial Relations, which is supposed to oversee the privatized workers' compensation program, declined repeated requests by the I-Team for on camera interviews. However, they told us off-camera that injured workers are often at a disadvantage, especially if they have to fight for their claims without legal representation.

    Eyewitness News plans to keep an eye on the workers' compensation story in the months ahead.

    Email investigative reporter George Knapp at gknapp@klastv.com

     

    Worker’s Comp System Severly Abuses Disabled Man

    An earlier post from this blog annotates the woeful and absolute outrageous treatment being heaped upon one of our members, Ron Markowicz, by the Worker’s Comp System, including his own attorney, whose firm appeared to be in collusion with the Insurance Carriers by ceasing all pertinent services to his case apparently driven by fear of potential corporate harm through future litigation.  No medical help for months.  No answers from the attorney—-only mis-statements.  No help anywhere.

    As a former vocational counselor, I have seen this type behavior before—and it generally stems from a surgical mistake, then when an injured worker continues to complain, the first thought emanating from the Carriers, attorneys, et. al  is:

    ‘Stop the services!  Send out false information to the worker!  Make outrageous claims that the worker is not complying with the various service providers! Cover your ass!’

    And ad naeuseum….the spin merchants, coupled with loss prevention departments of these huge insurance conglomerates begin to work their magic—–here’s what they do to a lot of people who might have a legitimate complaint:  they simply stop sending their monthly check.  No explanation.  Can you imagine the panic?

    As it is, you are lucky if you receive two thirds of your normal salary while on the Comp System—and now, suddenly,  you have no money to pay for anything!  Most of the times, they will re-start the financial benefits, but not before causing the injured person to suffer further through stress by making them late for credit card or rent payments.   Add to it a nightmarish quality– I have personally heard insurance company rehab co-ordinators,  while at industry ‘functions’, exclaim great humor at how many  people they ‘put the screws to’ that week.

    Folks, this stuff is industry wide, and it sickens me to watch it continue.  This should be considered health care reform, too, and the political writers seem to simply ignore the horrendous level of abuse perpetrated by the ‘business’ side of this system, while the person who is already hurt and suffering, suffers further at the hands of those who should be honestly assisting them to achieve their best level of  gainful re-entry to the work world. (or determine that will never be possible)

    It should be obvious to all that creating an adversarial system, instead of a truly philanthropic, medically progressive streamlined system, the worst of all possibilities occur, where delays are normal, and communication among the providers is poor, at best.  Built for failure.

    And, as all our members know, the Social Security Disability system certainly seems bad enough— difficult and hurtful at many turns.

    At this writing, there over a million cases which are officially ‘backlogged’ in the Social Security Disability system.  Unless you take the  free course offered here at the Disability Digest, you can easily wait three full years before receiving benefits. (and that’s if you’re not backlogged)  Three years!  No excuse can be offered which might even approach credibility.

    But the Worker’s Comp System—-if anything can be more problematic than Social Security Disability, it’s this damnable system in which Ron Markowicz continues to suffer.  But, some progress had been made.  There may be a ray of sunshine.

    While I cannot comment on case specifics,  I can say that some advancement is being made on the medical side, as Ron’s original physician is only now re-activating his services to him, but still faces an uphill battle against a  stone-walling industry.

    Also, due to many different and serious inquires to the Nevada Governor’s Office, there has been progress toward publicizing Ron’s case fully, exposing it for the utter disgrace it remains.  As it may involve the National media, his case could be re-opened, and the proper medical procedures enacted post haste.  These major corporations do not appreciate black marks against them, as stockholders are already nervous these days.

    So, with enough pressure, Ron would immediately receive the attention he needs, and in the proper order,  which is vital in his case.

    He is truly disabled, suffering the results of several breaks in his back from a serious fall while at work, then surgical mis-feasance resulting in pieces of metal floating in his back, now invading the surrounding soft tissue, creating intractable pain.

    The link to the initial information in this case is a fairly long read, including my post describing the Worker’s Comp System, and the specific details of his case—then, a page of a well kept medical file which further elucidates Ron’s situation.  Again, if any readers have a golden rolodex, please forward this appropriately.

    http://www.thedisabilitydigest.com/blog/235/missing-in-action-justice-for-disabled-injured-worker/

    We continue to press our efforts towards resolving this unsettling dilemma, as justice should have it.  The overarching reality is: Ron’s case could be your own.  He did not violate any ‘rules’ and was always forthcoming with his medical providers and insurance carrier.  That was pre-surgery.

    Today is a different story.

    Best to all involved,

    Advocate

    john at thedisabilitydigest.com

     

    PLEASE READ MY OTHER 2 BLOGS ON THE DIGEST AS WELL. PLEASE VOTE FOR THE WORKERS COMP. INJURED WORKERS BILL OF RIGHTS TO BE PASSED. CA AS WELL AS MANY OTHER STATES ARE TRYING TO PASS THIS BILL. OF COURSE NV WE ARE NO WHERE NEAR CLOSE TO BEING HEARD OF ANY RIGHTS WHAT SO EVER.

    ONCE AGAIN I THANK EVERYONE ON THE DIGEST FOR THEIR SUPPORT AND WITH YOUR COMMENTS AS WELL AS YOUR RATINGS IT HELPS FIGHT THE FIGHT.

    WORKCOMP1

     

    Nevada Worker Compensation System Flaws Detailed BY NV GOVERNMENT

     

     

    WORKERS COMP INJURED WORKERS BILL OF RIGHTS

     

    WORKCOMP1

    Keep up the good fight people and please rate this blog.  Thanks and take care!!!

     

    inside222

     

  • Blog post
  • 1 month ago
  • Views: 2563

• smslunaker

  • Views: 16
  • Since: 2 months ago

• INJURED WORKERS @ A DISADVANTA

  • From: workcomp1
  • Description:

    Workers' Compensation: Injured Workers at Disadvantage

    Nevada's long-troubled workers' compensation system was drastically revised five years ago in hopes of streamlining the process of caring for injured workers. But if you are injured in the workplace now, the private companies that have taken control of the program could leave you without medical care, without compensation, and without a job.

    John Taylor, with the Association of Injured Workers, said, "They stretch it out as long as they can. Taylor speaks from experience when he says the Nevada workers' compensation system delays the claims filed by injured workers. During the years he worked at the Nevada Test Site, Taylor lost an eye, demolished his hearing, and wrecked his back. He's spent the past 13 years fighting the system, which he says was bad when the state ran it and went downhill from there.

    John Taylor said, "Other states, they've privatized. There you can still sue. Nevada is the worst."

    Along with privatizing workers comp, Nevada also exempted insurance companies from legal damages if the companies ignore the law. The worst that could happen to them is they might have to pay out what they should have paid out in the beginning. So, why not deny and delay?

    Dean Hardy, an attorney for injured workers, said, "So there is no incentive to say yes to compensation, or yes to medical care, or yes to a change of doctors. It gives blanket immunity to a third party administrator or insurer for violating the statues they're supposed to be upholding"

    One of Dean Hardy's clients is a firefighter who suffered on the job injuries while fighting the early 80s blazes at the MGM and the Hilton, and other injuries as well. The county doesn't want to pay for his medical care so the fireman has had to go to court to try and get his medical bills covered. At every step, the deck seems stacked against the injured worker.

    A 2005 legislative audit found that many workers aren't informed of their rights when injured. If they don't file a claim within seven days, it's too bad and too late. The state's Division of Industrial Relations is supposed to oversee the private insurers, but the audit found in more than half of the cases, the D.I.R. failed to force insurers to meet the statutory deadlines in handling claims and were lax in fining employers who had it coming.

    Aubrey Goldberg, an attorney for injured workers, says the state seems to have little appetite for sanctioning companies that break the rules. "I find it's hard to get them to do those things most of the time. Is it much zeal? My personal view is no, there isn't."

    Worst of all for the injured worker, Goldberg says, is the move to managed care programs. A worker injured on the job will be sent to a doctor or clinic that essentially works for the insurance company. "Their primary loyalty is to the people who are paying them and not to the injured worker," Goldberg added.

    Dean Hardy says doctors have been known to reverse findings favoring the injured worker after being contacted privately by the insurers. "The doctors recognize what keeps them on the panel -- opinions that do not favor the injured worker. Oftentimes those opinions aren't medically supportable, and that's really tragic. They will taint medical opinion and try to tailor it for the employer or insurer... I do see it happen."

    Those doctors who do the right thing get fired, Hardy says. Workers who try to appeal bad rulings in hearings often find themselves up against lawyers or other experts hired by the other side.

    Kelly Oakley, who demolished his back working at McCarran Airport, was terminated for medical reasons. A hearing officer was sympathetic but ruled for the other side. Oakley said, "Workers' comp? It's maybe one step above welfare, if that. They treat you like you're on welfare."

    Officials at the Nevada Division of Industrial Relations, which is supposed to oversee the privatized workers' compensation program, declined repeated requests by the I-Team for on camera interviews. However, they told us off-camera that injured workers are often at a disadvantage, especially if they have to fight for their claims without legal representation.

    Eyewitness News plans to keep an eye on the workers' compensation story in the months ahead.

    Email investigative reporter George Knapp at gknapp@klastv.com

     

    Worker’s Comp System Severly Abuses Disabled Man

    An earlier post from this blog annotates the woeful and absolute outrageous treatment being heaped upon one of our members, Ron Markowicz, by the Worker’s Comp System, including his own attorney, whose firm appeared to be in collusion with the Insurance Carriers by ceasing all pertinent services to his case apparently driven by fear of potential corporate harm through future litigation.  No medical help for months.  No answers from the attorney—-only mis-statements.  No help anywhere.

    As a former vocational counselor, I have seen this type behavior before—and it generally stems from a surgical mistake, then when an injured worker continues to complain, the first thought emanating from the Carriers, attorneys, et. al  is:

    ‘Stop the services!  Send out false information to the worker!  Make outrageous claims that the worker is not complying with the various service providers! Cover your ass!’

    And ad naeuseum….the spin merchants, coupled with loss prevention departments of these huge insurance conglomerates begin to work their magic—–here’s what they do to a lot of people who might have a legitimate complaint:  they simply stop sending their monthly check.  No explanation.  Can you imagine the panic?

    As it is, you are lucky if you receive two thirds of your normal salary while on the Comp System—and now, suddenly,  you have no money to pay for anything!  Most of the times, they will re-start the financial benefits, but not before causing the injured person to suffer further through stress by making them late for credit card or rent payments.   Add to it a nightmarish quality– I have personally heard insurance company rehab co-ordinators,  while at industry ‘functions’, exclaim great humor at how many  people they ‘put the screws to’ that week.

    Folks, this stuff is industry wide, and it sickens me to watch it continue.  This should be considered health care reform, too, and the political writers seem to simply ignore the horrendous level of abuse perpetrated by the ‘business’ side of this system, while the person who is already hurt and suffering, suffers further at the hands of those who should be honestly assisting them to achieve their best level of  gainful re-entry to the work world. (or determine that will never be possible)

    It should be obvious to all that creating an adversarial system, instead of a truly philanthropic, medically progressive streamlined system, the worst of all possibilities occur, where delays are normal, and communication among the providers is poor, at best.  Built for failure.

    And, as all our members know, the Social Security Disability system certainly seems bad enough— difficult and hurtful at many turns.

    At this writing, there over a million cases which are officially ‘backlogged’ in the Social Security Disability system.  Unless you take the  free course offered here at the Disability Digest, you can easily wait three full years before receiving benefits. (and that’s if you’re not backlogged)  Three years!  No excuse can be offered which might even approach credibility.

    But the Worker’s Comp System—-if anything can be more problematic than Social Security Disability, it’s this damnable system in which Ron Markowicz continues to suffer.  But, some progress had been made.  There may be a ray of sunshine.

    While I cannot comment on case specifics,  I can say that some advancement is being made on the medical side, as Ron’s original physician is only now re-activating his services to him, but still faces an uphill battle against a  stone-walling industry.

    Also, due to many different and serious inquires to the Nevada Governor’s Office, there has been progress toward publicizing Ron’s case fully, exposing it for the utter disgrace it remains.  As it may involve the National media, his case could be re-opened, and the proper medical procedures enacted post haste.  These major corporations do not appreciate black marks against them, as stockholders are already nervous these days.

    So, with enough pressure, Ron would immediately receive the attention he needs, and in the proper order,  which is vital in his case.

    He is truly disabled, suffering the results of several breaks in his back from a serious fall while at work, then surgical mis-feasance resulting in pieces of metal floating in his back, now invading the surrounding soft tissue, creating intractable pain.

    The link to the initial information in this case is a fairly long read, including my post describing the Worker’s Comp System, and the specific details of his case—then, a page of a well kept medical file which further elucidates Ron’s situation.  Again, if any readers have a golden rolodex, please forward this appropriately.

    http://www.thedisabilitydigest.com/blog/235/missing-in-action-justice-for-disabled-injured-worker/

    We continue to press our efforts towards resolving this unsettling dilemma, as justice should have it.  The overarching reality is: Ron’s case could be your own.  He did not violate any ‘rules’ and was always forthcoming with his medical providers and insurance carrier.  That was pre-surgery.

    Today is a different story.

    Best to all involved,

    Advocate

    john at thedisabilitydigest.com

     

    PLEASE READ MY OTHER 2 BLOGS ON THE DIGEST AS WELL. PLEASE VOTE FOR THE WORKERS COMP. INJURED WORKERS BILL OF RIGHTS TO BE PASSED. CA AS WELL AS MANY OTHER STATES ARE TRYING TO PASS THIS BILL. OF COURSE NV WE ARE NO WHERE NEAR CLOSE TO BEING HEARD OF ANY RIGHTS WHAT SO EVER.

    ONCE AGAIN I THANK EVERYONE ON THE DIGEST FOR THEIR SUPPORT AND WITH YOUR COMMENTS AS WELL AS YOUR RATINGS IT HELPS FIGHT THE FIGHT.

    WORKCOMP1

     

    Nevada Worker Compensation System Flaws Detailed BY NV GOVERNMENT
    
    
    
    

    WORKERS COMP INJURED WORKERS BILL OF RIGHTS

    
    

    WORKCOMP1

  • Blog post
  • 2 months ago
  • Views: 5218

• SKYKING

  • Views: 24
  • Since: 2 months ago

• Ablevision

  • From: Cheri
  • Description:

    Hello All,

    I have just heard about www.Ablevision.org and wondered if any of you have heard about this. It is a television show run by disabled people, with the help of experienced tv people. It sounds wonderful. Each person is shown how to do one of the jobs, with the disability that they have. It is advertised as the only media out there for the disabled, that gives them a way to work and have integrity. They do the interviews, run the cameras, do the audio, everything! I think this is great. It focuses on what a person CAN do, without any hint of pity or "special" titles. Check it out. There is a video on this, on the home page of msn.com newspage today, if you have access to that.

    I hope this helps someone.

    Cheri  

     

  • Blog post
  • 2 months ago
  • Views: 61
  • Not yet rated

• trabra

  • Views: 10
  • Since: 2 months ago

• heidiheidiho

  • Views: 17
  • Since: 2 months ago

• United Airlines Wants $$$

  • From: jokava
  • Description:

    Recently, Joe and I went on a short trip by United airlines.  They said to let them know of our special needs once we arrived at the airport and that was the best way to handle our situation.  When we arrived we inquired and were offered us more leg room for an extra $95!!
     
    Joe, is obviously paralyzed on one side, but walks with a cane and has difficulty communicating due to a recent stroke.  United airlines put us in row 29 where several other disabled people had to struggle to get to their seats way in the back too.  We were appalled!  Anyone who's ever taken a plane trip knows how narrow the isle is.  Yes, they let us board first, but getting down that aisle took a long time & we held up the entire boarding process. 
     
    On the connecting flight, Joe was forced to climb up into the plane from the ground!!!!!  They knew he was disabled, and they knew we were connecting and made no special way (lift, elevator, etc) for him to get into this plane.  The plane was not at any gate and we've never been more humiliated!  To watch my poor husband climb up into that plane...
     
    It seems that our rights were violated by United Airlines in several ways.  We also want to let everyone know that United Airlines doesn't care about disabled people unless disabled people don't care about paying an extra $95 to be properly accomodated.  We're writing a letter to United's President, however, if you know who else we should voice a complaint with about our treatment by United, please let us know.  Thanks & fly American Airlines, they're superb.

    Joe & Karla

  • Blog post
  • 2 months ago
  • Views: 36
  • Not yet rated

• DISABLED MAN IN NEED OF A BLES

  • From: GARYLRIBBLE
  • Description:

        DEAR DISABILITY DIGEST FAMILY,     HELLO. MY NAME IS GARY L. RIBBLE AND TODAY IS MY FIRST BLOG,SO I AM NEW TO THIS. I AM A 61 YEAR OLD MAN LOOKING FOR FINANCIAL ASSISTANCE,IN THE FORM OF A GOVERNMENT GRANT,TO HELP ME PAY OFF MY BILLS. IF I DO NOT FIND HELP AND MY STRESS FACTOR GETS ANY WORSE,MY DOCTOR SAID I AM A PRIME CANDIDATE FOR A HEART ATTACK OR STROKE AND I DO NOT WANT THIS TO HAPPEN. I AM ON SOCIAL SECURITY DISABILTY BUT IT IS NOT ENOUGH TO PAY MY BILLS EVERY MONTH AND I AM STRUGGLING VERY BADLY TO MAKE ENDS MEET. I AM MARRIED AND MY WIFE WORKS BUT HER MONEY PAYS FOR WHAT GROCERIES WE CAN AFFORD. SHE MAKES MINUMUMWAGE AND GETS BUT A FEW HOURS EACH WEEK AT A LOCAL MOTEL,CLEANING ROOMS. THEIR BUSINESS IS DOWN AND HER HOURS ARE GETTING SHORTER AND THE NEED FOR A GRANT TO PAY OFF OUR DEBT,IS MOST CRITICAL. I DO NOT KNOW WHERE TO LOOK,SO I AM REACHING OUT TO YOU TO SAVE MY LIFE, IN A WAY,BECAUSE I AM A WORRY WART BIG TIME AND MY STRESS IS VERY CRITICAL. I HAVE DISABETES,HIGH BLOOD PRESSURE AND WAS DIAGNOSED WITH CLL OR CHRONIC LYMPHOCTIC LEUKEMIA AND WORRYING IS NOT AT ALL GOOD FOR ME. I HAVE SOLICITED FOR DONATIONS ON LINE,TO HELP ME PAY OFF OUR $23,000.00 DEBT BUT HAVE GOT NOWHERE. I GUESS PEOPLE THINK I AM SCAMMING AND I CAN UNDERSTAND BUT I TRULLY AM DISABLED AND LIVING ON SOCIAL SECURITY DISABILITY,EACH MONTH. SO I AM REACHING OUT TO YOU,OTHER DISABLED PEOPLE FOR YOUR BLESSING OF HELP AND HOPE SOMEONE WILL ASSIST ME IN FINDING THIS GRANT,IF IT EXISTS. IF NOT,MAYBE YOU CAN TELL ME HOW TO SOLICIT FOR CONTRIBUTIONS,TOWARD MY CAUSE TO GET OUT OF DEBT AND LIVE A STRESS FREE AND HAPPY LIFE,BEFORE IT IS TO LATE. ONE THING FOR SURE I CAN'T TAKE MUCH ANYMORE OF BEING TURNED DOWN FOR HELP OR NOT FINDING THE RIGHT PLACE TO LOOK FOR HELP. IF YOU CAN BE OF HELP TO ME,PLEASE WRITE AND LET ME KNOW SOME HELPFUL IMFORMATION ABOUT THIS EMAIL. YOUR HELP IS OF A VAUABLE NEED TO ME AND I WILL ANSWER ALL REPLYS TO THE BEST OF MY ABILITY. PLEASE ANSWER ME SOON,BEFORE MY TIME RUNS OUT. THANK YOU VERY MUCH FOR YOUR ANTICIPATED COOPERATION AND HAVE A VERY BLESSED DAY. SINCERELY,

    GARY L. RIBBLE, NAPPANEE,INDIANA

     

  • Blog post
  • 2 months ago
  • Views: 71
  • Not yet rated

• Nevada Worker Compensation Sys

  • From: workcomp1
  • Description:

    
    By BRENDAN RILEY Associated Press Writer
    March 18, 2009

    CARSON CITY, Nev.- Lawmakers were told Wednesday that the state's Workers' Compensation system makes it tough on injured Nevadans to get the medical care and follow-up rehabilitation and training they need to return to their jobs.

    The injured workers' testimony during the Senate Commerce and Labor Committee hearing shows the need for reforms, state AFL-CIO chief Danny Thompson said, adding that state law prevents workers from suing but requires them to prove they were hurt on the job.

    Byron Harvey of Henderson told the legislators that he suffered a severe back injury while lifting some sheet metal but it took more than six months to get his claim for compensation accepted, and he went through 2 1/2 years of treatment.

    "The whole time I felt there was an overriding attitude by workers comp doctors and personnel that I was not injured," Harvey said. "All I really wanted to do was go back to work."

    Harvey said he lost everything in the process, but was finally able to return to work as a business representative for the sheet metal workers' union and now helps other workers navigate the state's worker compensation system.

    Asked by Commerce and Labor Chairwoman Maggie Carlton, D-Las Vegas, to describe typical situations faced by injured workers, Harvey said, "Usually it reverts back to getting a lawyer. Some people have the means to do it. It's tough for guys who are struggling in the times we have now. ... It's a rough road."

    Curt Garrett told legislators he was hit by a forklift while on the job in July 2005, and was at first told he only needed physical therapy and could return to work. After several weeks, he said he wound up in a hospital where an X-ray showed his back was broken.

    After eight months, Garrett said he had back surgery and then went through rehabilitation and training, adding, "On a scale of one to 10 I would barely give it a two, if it was that."

    Garrett said he took community college classes in Carson City that helped him to return to work, and could have been on the job sooner if the state would have given him better help on filling out job applications.

    The worker compensation process "is incredibly broken," Garrett said, adding that he hoped that the testimony from him and other injured workers would prompt lawmakers to improve the system.

     

     

    The Workers Compensation Injured Workers Bill of Rights

    Injured workers have experienced in the last several years a massive effort to limit workers compensation benefits. This has directly harmed decent hard working people and their families. Improper medical care and attention, and the reduction of benefits have resulted in poverty, depression, and second class status for those whose only crime is that they were injured on the job. It is a national shame and there are countless personal and family tragedies from such unfair treatment. We invite you to search for the real truth and to demand that all those legitimately injured be treated with respect and dignity. We may be your father or your mother, your sister or brother or just a friend or neighbor. But we are injured...we do not want a windfall we just want justice. We invite all who are interested to join our efforts. We have compiled what we believe to be the basic rights all injured workers should be entitled to as human beings. We present them for your consideration:

    1. An injured worker shall have the right to select his own physician or at a minimum to be able to switch to a doctor of his choice after 30 days of treatment.

    2. An injured worker shall have the right to a prompt hearing on any dispute, within 90 days of a request. Additionally in emergency medical or financial situations there should be a right to a hearing within 30 days to issue provisional orders on such emergency matters.

    3. An injured worker shall have the right to have considered in his disability his loss of earning capacity along with any physical or mental impairment.

    4. An injured worker unable to return to his trade or occupation as a result of a work injury shall have the right to an independent vocational assessment and to vocational rehabilitation if reasonably appropriate, with the goal being a return to the highest earning capacity possible within a reasonable time frame. Vocational rehabilitation benefits shall be at the same rate as temporary disability benefits.

    5. An injured worker shall have the right to an impairment rating and disability determination which assesses chronic pain and depression along with any physical impairment. And if work related activities contribute to, result in or aggravate pain, limitation or impairment the claim shall be compensated.

    6. An injured worker unable to return to substantial gainful work shall be entitled to permanent total disability benefits for as long as the disability continues.

    7. An injured worker shall have the right to a non-party independent medical exam, paid by the insurer if there is a question concerning the treatment or opinions of the treating provider. All partisan IME's are to be banned.

    8. An injured worker shall have the right to benefits based on his true take home pay including overall wage benefits and to permanent disability benefits based upon his disability not simply impairment.

    9. An injured worker shall have the right to a second opinion, paid by the insurer, with a doctor of his choice, if surgery is being recommended. Any surgery can be declined without adverse consequences.

    10. An injured worker shall be treated with dignity and respect by those within the wc system, to include doctors, nurses, adjusters, attorneys and judges..to the extent that the first priority and loyalty shall be to recovery and fundamental fairness. If not, substantial penalties should be imposed.

    11. The physician treating the injured worker shall have the presumptive right to order any diagnostic tests or evaluations. The presumption can only be overcome by clear and convincing evidence which must be furnished within 20 days of any denial.

    12. An injured worker shall have the right to all legal entitlements for his disability without offsets.

    13. An injured worker shall have the right to realistic cost of living increases in his benefits and to have those benefits pass to his dependents upon his death.

    14. An injured worker shall have the right as the ultimate consumer of medical services to be informed of the doctors education, experience and contractual arrangements with insurers when treatment commences. Additionally, the state shall monitor all doctors and maintain a record of complaints by injured workers concerning doctors which can lead to removal of the doctor from the ability to treat such workers for numerous or major complaints.

    15. An injured worker shall have the right to privacy of his medical records. They are to be sealed and otherwise nondisclosable except as concerns claims by the worker , for statistical purposes only or to permit an accommodation in employment.

    The Workers Compensation Injured Workers Bill of Rights was developed by members of the Injured Worker's of America (IWA), a division of The MedaKate Organization, November 22, 1998. This group includes Injured Workers, Physicians, Attorneys, and Registered Nurses. Please print them out and give them to your Physician, Attorney, Unions, Medical Facilities, Therapist, and the General Public.

    http://www.workerscompensationinsurance.com/articles/billofrights.htm

     

    After reading this Bill of Rights which is attended for Injured Workers then read the the post below which the Bill of Rights is not being up help in my case in any fairness to the injured worker at all for the past year.

    The Digest has gone above and beyond for my cause and with the support from it's members educating eachother and knowing that in NV this is really happening with no one coming forth and saying this is wrong!

     

    HERE ARE THE LAWS STRAIGHT OUT OF NV STATE REGARDING MEDICAL TREATMENT & WHAT I HAVE BEEN FIGHTING FOR OVER A YEAR OF EVERY LAW BROKEN AS WELL AS STATUTES.

     http://www.leg.state.nv.us/NRS/NRS-616B.html

     

    NRS 616B.5273  Adequacy of medical and health care services, choice of providers of health care and cost controls; regulations.

          1.  A self-insured employer, an association of self-insured public or private employers or a private carrier shall not enter into a contract with an organization for managed care unless the organization’s proposed plan for providing medical and health care services:

          (a) Will provide all medical and health care services that may be required for industrial injuries and occupational diseases that are compensable under chapters 616A to 617, inclusive, of NRS in a manner that ensures the availability and accessibility of adequate treatment to injured employees;

          (b) Provides to injured employees an adequate choice of providers of health care who have contracted with the organization to participate in the proposed plan; and

          (c) Provides appropriate financial incentives to reduce costs of medical and health care services without affecting the quality of any care provided to an injured employee.

          2.  The Division may adopt regulations to ensure the adequacy of an insurer’s panel of providers of health care established pursuant to subsection 1.

          (Added to NRS by 2003, 1669)

     

      NRS 616B.528  Restriction of or interference with communication between provider of health care and injured employee prohibited.  An organization for managed care shall not restrict or interfere with any communication between a provider of health care and an injured employee regarding any information that the provider of health care determines is relevant to the health care of the injured employee.

          (Added to NRS by 1999, 2212)

     

    NRS 616B.5285  Contracts with providers of health care; prohibited acts.  An organization for managed care shall not terminate a contract. ( SEE MY URL WORKCOMP1 AT BOTTOM OF PROFILE I WAS DROPPED AS A PATIENT BY WORKERS COMP NEUROLOGIST FOR NO REASON) THE REASON WAS THEY FOUND MANY THINGS AND MIS-DIAGNOSED ME THEN A MONTH LATER DROPPED ME AS A PATIENT.)

    with, demote, refuse to contract with or refuse to compensate a provider of health care solely because the provider, in good faith:

          1.  Advocates in private or in public on behalf of an injured employee;

          2.  Assists an injured employee in seeking reconsideration of a determination by the organization for managed care to deny coverage for a medical or health care service; or

          3.  Reports a violation of law to an appropriate authority.

          (Added to NRS by 1999, 2212)

     

    NRS 616B.529  Inducements to deny, reduce or delay medically necessary services prohibited.

    1.  An organization for managed care shall not offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay specific medically necessary medical or health care services to an injured employee.

          2.  The provisions of this section do not prohibit an arrangement for payment between an organization for managed care and a provider of health care that uses financial incentives, if the arrangement is designed to provide an incentive to the provider of health care to use medical and health care services effectively and consistently in the best interest of the treatment of the injured employee.

          (Added to NRS by 1999, 2213)

     

    NRS 616B.528  Restriction of or interference with communication between provider of health care and injured employee prohibited.

    restrict or interfere with any communication between a provider of health care and an injured employee regarding any information that the provider of health care determines is relevant to the health care of the injured employee.

          (Added to NRS by 1999, 2212)

     

      NRS 616C.157  Request for prior authorization: Time to respond; effect of failure to respond in timely manner.

    1.  An insurer, organization for managed care or third-party administrator shall respond to a written request for prior authorization for:

          (a) Treatment;

          (b) Diagnostic testing; or

          (c) Consultation,

    Ê within 5 working days after receiving the written request.

          2.  If the insurer, organization for managed care or third-party administrator fails to respond to such a request within 5 working days, authorization shall be deemed to be given. The insurer, organization for managed care or third-party administrator may subsequently deny authorization.

          3.  If the insurer, organization for managed care or third-party administrator subsequently denies a request for authorization submitted by a provider of health care for additional visits or treatments, it shall pay for the additional visits or treatments actually provided to the injured employee, up to the number of treatments for which payment is requested by the provider of health care before the denial of authorization is received by the provider.

          (Added to NRS by 1999, 2214)

     

    PLEASE EVERYONE READ THE ARTICLE FROM JOHN FROM POSTED MY SITUATION LAST MONTH AND AS OF TODAY I AM STILL NOT GETTING ANY OF THESE LAWS UP HELD IN ANY SENSE OF URGENCY.

    EVEN INSIDE 222 BLOG ABOUT THE BROKEN SYSTEM HAS NOT YET HAD ANY ONE FROM THE MEDIA COME FORTH AND CALL HIM BACK.

     

    An earlier post from this blog annotates the woeful and absolute outrageous treatment being heaped upon one of our members, Ron by the Worker's Comp System, including his own attorney, whose firm appeared to be in collusion with the Insurance Carriers by ceasing all pertinent services to his case apparently driven by fear of potential corporate harm through future litigation. No medical help for months. No answers from the attorney--only mis-statements. No help anywhere.

    As a former vocational rehabilitation counselor, I have seen this type behavior before-and it generally stems from a surgical mistake, then when an injured worker continues to complain, the first thought emanating from the Carriers, attorneys, et. al is:

    'Stop the services! Send out false information to the worker! Make outrageous claims that the worker is not complying with the various service providers! Cover your ass!'

    And ad naeuseum....the spin merchants, coupled with loss prevention departments of these huge insurance conglomerates begin to work their magic--here's what they do to a lot of people who might have a legitimate complaint: they simply stop sending their monthly check. No explanation. Can you imagine the panic?

    As it is, you are lucky if you receive two thirds of your normal salary while on the Comp System-and now, suddenly, you have no money to pay for anything! Most of the times, they will re-start the financial benefits, but not before causing the injured person to suffer further through stress by making them late for credit card or rent payments. Add to it a nightmarish quality- I have personally heard insurance company rehab co-ordinators, while at industry 'functions', exclaim great humor at how many people they 'put the screws to' that week.

    Folks, this stuff is industry wide, and it sickens me to watch it continue. This should be considered health care reform, too, and the political writers seem to simply ignore the horrendous level of abuse perpetrated by the 'business' side of this system, while the person who is already hurt and suffering, suffers further at the hands of those who should be honestly assisting them to achieve their best level of gainful re-entry to the work world. (or determine that will never be possible)

    It should be obvious to all that creating an adversarial system, instead of a truly philanthropic, medically progressive streamlined system, the worst of all possibilities occur, where delays are normal, and communication among the providers is poor, at best. Built for failure.

    And, as all our members know, the Social Security Disability system certainly seems bad enough- difficult and hurtful at many turns.

    At this writing, there over a million cases which are officially 'backlogged' in the Social Security Disability system. Unless you take the free course offered here at the Disability Digest, you can easily wait three full years before receiving benefits. (and that's if you're not backlogged) Three years! No excuse can be offered which might even approach credibility.

    But the Worker's Comp System--if anything can be more problematic than Social Security Disability, it's this damnable system in which Ron Markowicz continues to suffer. But, some progress had been made. There may be a ray of sunshine.

    While I cannot comment on case specifics, I can say that some advancement is being made on the medical side, as Ron's original physician is only now re-activating his services to him, but still faces an uphill battle against a stone-walling industry.

    Also, due to many different and serious inquires to the Nevada Governor's Office, there has been progress toward publicizing Ron's case fully, exposing it for the utter disgrace it remains. As it may involve the National media, his case could be re-opened, and the proper medical procedures enacted post haste. These major corporations do not appreciate black marks against them, as stockholders are already nervous these days.

    So, with enough pressure, Ron would immediately receive the attention he needs, and in the proper order, which is vital in his case.

    He is truly disabled, suffering the results of several breaks in his back from a serious fall while at work, then surgical mis-feasance resulting in pieces of metal floating in his back, now invading the surrounding soft tissue, creating intractable pain.

    The link to the initial information in this case is a fairly long read, including my post describing the Worker's Comp System, and the specific details of his case-then, a page of a well kept medical file which further elucidates Ron's situation. Again, if any readers have a golden rolodex, please forward this appropriately. I have included the link in the resource box.

    We continue to press our efforts towards resolving this unsettling dilemma, as justice should have it. The overarching reality is: Ron's case could be your own. He did not violate any 'rules' and was always forthcoming with his medical providers and insurance carrier. That was pre-surgery.

    Today is a different story.

    Best to all involved,

    Update: as of this writing, Ron has terminated the services of his attorney, and suddenly, approval has been granted for an' emergency injection', treatment which has been withheld for the past four months. Real medical treatment necessary for his survival. Great news!

    John Woodworth is the editor of the Disability Digest, a 50,000 member strong advocacy organization. The Disability Digest is managed by disabled individuals from a variety of professions. Mr. Woodworth has been a business owner and consultant, a vocational rehabilitation and psychiatric counselor, and an innovative business marketing specialist. He has spent the last eight years researching medical issues and legitimate work at home programs.

    Disability Digest owner Brian Therrien has recently added an entire section for Veteran's help, as many medical and social services are due these individuals, with a lot of help necessary to deliver them. His free course is effective in maximizing the returning veteran's benefits, and providing updated government policies.

    Regarding Social Security Disability, Brian literally wrote the book on minimizing time to qualify for, and obtain deserved benefits. His free, 11 part email course has helped literally thousands of disabled folks cut the wait time by at least half, sometimes helping to obtain benefits in a few months. Currently, one can expect to wait up to three years to obtain benefits, and additionally, there is a one million application backlog in the Social Security Disability system as of early 2009.

    For free newsletter and Social Security Disability course: http://www.thedisabilitydigest.com/1.html
    Disability Digest Blog: http://www.thedisabilitydigest.com/blog

    Article Source: http://EzineArticles.com/?expert=John_Woodworth

    
    

     

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