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Is there anyone on hear dealing with Kansas work Comp?

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Posted 2/12/2009 1:59 PM (GMT 0)
I am looking for some advice? I was taken off work in Dec 2006, took them 11 months to start paying, then a year later or so, I was refered to go another surgeon At KU which is 4 hours from my home, and he wanted me to go to a pain center up there.so i ask my doc to get me into a pain center coser and we made a appointment to go to it, W.C. cancelled it and stopped my pay, took 90 days to get to a hearning got the okay to go to the pain clinic i wanted, and they started my pay and I got my back pay. here a while back all having to do with this same ordeal I got upset with the lady who makes the appointments, 3 weeks she hadn't got it done, she said I was to do it, I had taken her a court order showing she could do it, after 3 weeks of my making a big deal of it every morning, i called over and ask what the problem was, things got heated, and my doctor sent me a letter saying he would not treat me any longer, I explain that the meds he had me on, I couldn't just stop and that I would have to go to court to get a new Doctor, so he has been seeing me, we put in for a order to have a hearing to change Doc's, Work Comp stopped my pay.It has been 5 weeks no pay, and my hearning date isn't untill April1, I cannot go that long without a pay check.Can Work Comp legaly do this? My attroney doesn't seem to care, I never get to talked to him, I get to talked to his legal aid.

I need help!! What can I do?

Thanks for reading ACE

Posted 2/12/2009 2:29 PM (GMT 0)
I have been on MN work comp for many years....settled last year so only on medical now. I did a lot of research and although states have different work comp laws they still have a lot in common.........

No, it is not legal what they are doing. The fact remains that they do what they want ....when they want and unless you have an attorney working for you in times like this they will get away with it.

Note....you obviously do not have an attorney working for you. That is clear to me from what you said.

I think you need to find a new attorney. Do it now before things get "really" complicated.

From one who has been there.....Andrea
Posted 2/12/2009 3:31 PM (GMT 0)
Andrea,

I'm glad you came along. I think you gave Ace some good advice!

Pamela
Posted 2/12/2009 5:07 PM (GMT 0)
Ace,
I agree with Andrea about getting a new Shyster! I think I remember the last time you posted and told us your lawyer wasn't doing anything for you, someone said to poopcan him and get another! I've never been through it but Andrea has and I respect her opinion on many issues that have come up here. She's a smart Lady! So good luck Ace, let us know how you make out!
Your buddy,
Pete
Posted 2/12/2009 6:43 PM (GMT 0)

I am going to have to agree with you all, but he is the top Dog around here. We have our hearning at a court house that is 40 miles from here, and during the 6 going on 7 years, you may go in there on the hearning date, there would be 40 of W.C. people like me, and he would be the only Attroney reping everyone. i went on the Kansas web site, and they have locked down, your rights and regulation area to legal ass. only!

Then I went to the forum's area, and all over the state, people are getting it just like me, they make the rules up as they go! I am lost!! If it was only me, i wouldn't worry about it, but it effects the wife badly!!

Helpless ACE

Posted 2/12/2009 8:32 PM (GMT 0)
So then...."he is the top dog around here".......This is your life. It sounds even more important to me now that you go elsewhere for an attorney. Drive 100 miles if you have to!

Do you want to end up with little or nothing? Just keep on doing the "same old" and you will.

"only the strong survive"........don't end up on the list of those who were beaten down by WC. You need an attorney who will do right by you and you will be so grateful. You and only you can change for another attorney (believe me I did it ......I spent countless hours and days trying to find someone who would help me. I would think....one more call....then my son would say....one more call........No one can keep you from getting a new attorney....he will get paid when you do.

One more call, one more mile.......and I finally am at a point where I am not sick with worry over bills.

I am behind you......do not give up now. Andrea
Posted 2/12/2009 9:06 PM (GMT 0)
I agree with Andrea here. You need to find a different Attorney. What WC is doing to you is completely wrong and should be reported. I'm dealing with WC of Wyoming and I am appalled at what I am hearing about KS WC. I have heard from several disabled workers that KS has the worst WC in the US and I believe it has to stop! Make them pay Ace, cause if you don't stand up for your rights no one will.

Good luck.

Scarred
Posted 2/12/2009 9:24 PM (GMT 0)
i'm only going to add a tidbit because it's something I know about firsthand. Read whatever contract you signed with this attorney before (or if) your get another. In some cases you can be responsible for "costs" (which are different from attorney fees) and maybe even fees for the hours the attorney has put in if you negate your end of the deal.

I'm not an attorney and I'm not suggesting you stay with this attorney or leave. I don't know enough about your situation. I only know I was burned by a lousy WC attorney (and that was in PA) and ended up having to pay $200 of costs for a lousy transcript of the first hearing. Costs and fees are different. Straydog may know more about all this. Again, I'm only sharing from personal experience, not professional knowledge.

Good luck!

PaLady
Posted 2/12/2009 10:43 PM (GMT 0)
God PA I didn't think about that. You're right! Make sure you heed PA's post.

hugsss

Scarred
Posted 2/13/2009 12:33 AM (GMT 0)

I think I am done done on that deal, I remember from the the first suite, This is a double suite going on at this time, for the judge decided That I re hurt the first injury! back to what you were saying I think I had to pay him $1500.00 for everytime I went to see him and ect.

 I called back over this after noon, and the soonest that the Hartford Attroney get be free was April 1, my attroney told me that yes it was agaist the the law for them to stop paying like this and they have done it before, he said, doesn't matter who is reping me, if she won't show up to court till April 1, there is no Kansas statue, that we can make her show up any sooner!

 Hands tied, and concrete blocks tied to my feet! After all they have put me threw, here 6 weeks ago, I had 4 nervers in my back fried, which got rid of the trobbing in that leg, this w.c. adjuster, call this pain surgeon, and wanted to know when i could go back to work!! Do you think this guy can wipe his own ass!!! 5 surgeons have stated I can never go back to any type of work!

 in all the cases I have seen this guy take care of, they have never went to trail, i told him In Jan 07, we were going to trail, i wanted to ask a jury to set the dollar figure of living everyday of the rest of there life in pain and taking pain meds tht eat your organs up! if the first W.C. Ins. co would of done a better job of trying help my back I wouldn't be in this bad of shape, that is what we are going after them for! that company has $84,000.00 in my medication account at Topeka, and the reason i kmow that is in the 11 month period that I wasn't getting any pay, the School Super couldn't understand why I was having to pay for my meds, because the first ins co. froze that money!

I am totaly lost! And i do thank each and everyone for the advice and help, but if she won't show up untill April 1, I don't know what a new attroney could do for me? Maybe I could file a small claims court suite, for finical distress, Kansas raised there limint on that to $6000.00?

Maybe some legal person will jump on here and say wheter or not i can do that!

Thanks ACE

Posted 2/13/2009 12:55 AM (GMT 0)
If they force you out on long term disability after w/c then go on ssd you will have to repay that back Thats Indiana Deb
Posted 2/13/2009 1:01 AM (GMT 0)
Ace.....you can get legal advice from this web site. There are attorneys that participate on the board.
http://www.workerscompensationinsurance.com/forum/index.php

A comment re you wanting a jury to decide on money for pain etc. Pain is not covered in a work comp settlement. The state decides how much percentage for amount of disability. There are a lot of factors that are pre determined by law in a settlement.

I would have been lost last year without internet web sites to look up factual law. I printed alot off and yellowed with a marker what I thought to pertain to me. There are no easy answers. Andrea
Posted 2/13/2009 1:46 AM (GMT 0)
Andrea,

 I knew that, because I have been threw one settlement, on the first injury. But what I think is wrong, is last time, I was on a 20lb weight limint, if i would of stood my ground, I would of lost my job, i wasn't to push pull or use any device that vibrated, that  was my whole job. Here I have a ruined back, and no one else would of gave me a job, so I dis obeyed my restrictions, I had to! So they just keep putting more on me, untill they broke me, I never ask to be takin off work, I was ordered by a doctor!

 i know i will go to one of there Docs, and i will be ask to do this and that, and then he will rate me at a percent, this person has a disability of XX% of a back as a whole!

 So what do you do? You are in pain 24/7, can't live with out pain meds, can't go 2 hrs without lying down. so how will they rate that!

So I am going to that site and do some research!

Thanks ACE

Posted 2/13/2009 1:52 AM (GMT 0)
Ace, I don't know much about about law and your problems and can't even begin to imagine the pain and frustration you are going through but I do watch the news here in Florida and see lots of interesting bits about people who are right but can't seem to get a fair shake from who ever is beating them down. Here we have TV stations that just love to do stories on people like you. They jump all over it, especially when its a government agency doing a little guy wrong. Maybe you can contact your local TV news people? Another though is your Congressman or Senetor, I write to mine and get letters back all the time. Of course I realize that they are not writing me back, their staff is but something like whats going on with you might just catch their eye and show it to the big cheif! They love to look like do-gooders even if they aren't! Just some thoughts Bro, I wish I could help more. It turns my stomac everytime I read one of your posts about what they are doing to you!!!!!!!
Praying for you my Brother, anyone of us could easilly be in your shoes!
Pete
Posted 2/14/2009 1:18 AM (GMT 0)

Thank you so much Pete,  I found when dealing with Attroneys and work comp, there is no compansion just $$$$$$. It isn't there life that is ruined,  and Work Comp will do everything they can to make you like un liveable, and they can do it! I looked it up last night, it is against the law for them to stop paying me, but nothing can be done to them except maybe a 4% pentanty!! Wow, that realy hurts them!! I might end up loosing some more things that I don't what to get rid of, I will survive! But it is a same that our laws let them do this to us, I wish they would stop there pay for 6 months and let them feel whats it's like.

pete thanks!!

ACE

Posted 2/14/2009 3:42 PM (GMT 0)
Ace I did comp in Texas for over 18 yrs and I have never in my life seen anything like what you are describing. I do not understand this having to go to a hearing in front of a judge to get your comp resumed. An adjuster would lose their license here handling a claim in the manner yours is being handled.

 

I have a questions for you, has your atty ever mentioned a bad faith claim against your comp ins company? If not talk to him about it. Usually the words bad faith with an insurance company gets somebody's attention. Are you going for informal hearings or actually going in front of a judge? Does this judge not get offended by this ins company disobeying a court order? Our judges rule their kingdom with an iron fist and no one wants to get cross ways with some judge.

 

It sounds like Kansas comp system ran amuck years ago and the insurance company has a free hand because there is no recourse against them.

 

I suggest the following:

 

contact the state board of insurance for your state and file a complaint

 

contact your local politcian & discuss what is going on ask for assistance

 

see if your local tv station has a reporter that does expose on companies that screw people around

 

file for SSD ASAP if you have not done so already-you do not want to lose your quarters that you paid into while working.

 

Has the atty called the adjusters supervisor about this crap?

 

I wish I could give you some better input but each state has their own set of laws on comp but regardless what is happening to you is beyond anything I have ever heard tell of. Someone needs to ring their bell and get their attention-this is nuts....Susie

 

 

 

 

 

 

 

 

 

Posted 2/14/2009 7:49 PM (GMT 0)
Yes, I have to go in front of a Judge, my Attorney and there Attoney.

 I ask my Attroney about calling the INS. commisioner and he told me that it would mess everything up!! I am totaly lost, but he is the best around! i think he put it to me in the first injury with the OLD Work Comp. Ins. co. The last Doctor I saw was  there Doctor(first injury), and he told me, all I needed was agressive physcial therpy, and he hated to say it, but the only theraphest that could fix me was his wife!! She killed me, i have never been able to sit up and watch TV since, after 2 weeks of her, I wrote up a legal affadvid stateing I was only going to therphy because work comp wan't me to, and that she was doing me more harm than good, and i ask her to sign it, she wouldn't, so I quick going, i kept going to my Doc for my meds, attroney suggested we settle and leave the back injury open, so i did, got $10,000.00 havn't enjoyed one whole day of my life since I got hurt in 2002. But I am a nobody, in state that doesn't care about there people. There is no way I can survive till the Mid of april! I am going to call my attorneies office and notify thime that i am going to call the state and mention bad faith claim against the adjuster working for Hartford.

Thanks for all the help.

ACE

Posted 2/14/2009 8:23 PM (GMT 0)
Ace; The state of KS needs to wake up! Write your senator! Get their attention! They probably do not know what is going on in their own state unless someone tells them...I know that is the way it was in Wyoming until people began to write to them and tell them what was going on with the WC system. Now they are completely over hauling the whole WC system. Please write to your Senator hun believe me it will do a world of good.

Hugs

Scarred
Posted 2/15/2009 3:30 AM (GMT 0)
Thanks Scarred! i got to do this or something!

Thanks Greg

Posted 2/15/2009 3:58 PM (GMT 0)
Ace Scarred is right, I still say contact the state Board of Insurance and file a complaint. What the hell can you mess up that isn't already messed up may I ask. Again, I cannot fathom an adjuster going against a court order, but then I can't imagine the judge not ripping her head off either. In addition to writing your senator I would put in a call to his/her's office and tell them what is going on at the ins company with your checks. Who knows a phone call or letter from them may help. You never said if any of your local news stations has a reporter that goes out and helps the consumer by exposing companies that screw them around. If there is one contact them, The more light you bring to your plight the better. Why bother calling the attorney and threatening him with anything, frm what you sat it does no good, he just seems to give you the run around. If he is the top dog in his profession, I sure as hell hate to see whats at the bottom of the ladder....Susie
Posted 2/15/2009 5:37 PM (GMT 0)

Straydog,

You are right! I agree with all the commints, that I need to get a hold of someone that will get me some help! I am calling my attroney office tomorrow, and i am going to tell his legal aid that handles my case, that I am going to file a complaint, and if my attonery has a problem he better call me right back.

 Not to get off the subject, but I wan't to ask everyone if they have been on the patch, then decreased off, and went to another pill form of pain relief. i was just thinking, if I get this new doctor maybe he would put me on something that will allow me to get up and do a few things, and maybe 4 oxicottn foor like Sat.'s so i can have 4 good days a month, I would just like to have a very little life, i have a very beautifull wife, that I would like to have those feeling back, that I don't have now! At 53 years old, and have no sexual drive of any kind for any female, that alone but more stress on me, no money, allways in pain, and to never have anything to look forward to1 They have me where they want me, and I just don't understand, why my Attroney doesn't do anything! The only thing, that I have come to the conclusion, is he has to many clients. When you go to a hearning, he will read your file fo over a few things, and that all he ever says. We have won every motion we have went to court for, but he told me, when the Doctor took me off work, it was going to be a long hard road! But I still don't think they can stop paying me, when they want!

I am very, very great to you folks! And if any of you can advise me on meds please, please, do!! If I only could have one day a week, that I could pick, that I could be out of pain and be able to love my wife, and maybe do something else for fun, i could smile again!

Thanks you Folks!

ACE

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