I injured my lower back in July 17th 2014. I was put onto a L&I claim and they put me their compensation plan since then. September of 2015 I was up for an IME. They passed me saying I could return to work with no restrictions. My primary and I both strongly disagreed with it. December 10th they backed be off my claim. I protested the decision claiming I wasn't ready to be off the claim and that I'm still injured. My protest got shot down and I'm currently appealing it. My injury keeps me from qualifying for 95% of jobs, and I live a restricted lifestyle. I have no compensation to help me, and rely on donations from family members. I'm up for medical board in the army reserves. I'm still recovering from a emergency room incident 4 weeks ago where I stood up from my couch and collapse. I am now regaining my mobility.
The new lady who is managing my claim told me she is waiting on job analysis from the IME doctors and that I might need new images. She also mentioned that they are reconsidering some options my primary and I have had asked about months ago.
Your case is so typical and happens to so many, often. I am sorry to hear your about what has happened. L&I puts too much faith in their own IME doctors and too little weight into the opinions of qualified, knowledgeable, attending physicians. Often our office overcomes IMEs with clear and common sense opinions from an attending doctor, coupled with a like opinion from a consulting doctor who as evaluated my client 1 or more times. It is also helpful if L&I never has the chance to get an IME. There are risks to not going, but with good legal advise you can make that choice. Regardless, for now you need to talk to your doctor and have them send in a clear letter that you are not employable based upon your industrial injury. I hope you are able to prevail and get all the benefits you are entitled. Good luck.
That is the system. Each side has taken a position based on a doctor's opinion. Now you have to fight it out. I hope you have an attorney. Good luck
An appeal to BIIA is conducted according to court rules. You'll need to hire an attorney.
I'm not sure you've provided enough information to give you any real direction. You've been off work for a long time - have you had surgery? What types of treatment have you had? Is any treatment being recommended now? What kind of physician is your attending physician? What was your job of injury? What are your specific work restrictions, and what objective medical findings support those restrictions?
There may well be a difference of opinion between your physician and the department's medical examiners - but the real question is what supports your provider's opinions? If there is solid medical evidence to work with, a good attorney can help you.
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