Workers Comp Help
Occupational Lung Disease From Dangerous Workplace
I am a 39 year old married man (5 Children), totally & permanently disabled with an Occupational Lung Disease (upper & lower), autoimmune type complications and a severe back injury (3 herniated lumbar discs with nerve impingement on 2). All due to the willful, criminal negligence of a Niagara Falls, New York company. Once an extremely healthy, hardworking individual, willing and able to work long, hard hours to support the needs of my family. Now living day to day, on various medications 24/7, Oxygen, Nebulizers, prednisone, steroid nasal inhalers, antibiotics and various pain medications (including 600 mg of Morphine), with no end in sight. Everyone in our family wonders what our financial future will be, when we can finally have a house and be together again as a normal family.
OSHA had cited & fined my employer on 17 or more violations in my matter alone, I was contacted by some of the top Attorneys in the Country, who after researching the facts in my case stated "you have one of the best cases of willful, criminal, negligence perpetrated by an Employer, that I have ever seen!". Unfortunately, in New York State, you cannot sue your employer, no matter how negligent they are! Workman's Comp. is the sole remedy for Occupational injuries and illnesses!! The maximum WC rate in NY is about 3 to 4 times less than my previous, average weekly wages, with no fringe, family medical or dental benefits. Not to mention that my quality of life has been destroyed, this is almost impossible to put into words. My wife & I, have maintained our faith in the Lord, without him, would not have made it through.
The last day I worked was 9/17/1999, and to date, I have been treated by 19 separate Doctors and specialists (8 for my back injury alone), and have been deemed to be permanently, totally disabled.
My employer, their Lawyer and Insurance carrier, used every EVIL trick in the book to keep away the benefits owed to our family, for over a year. I never realized how corrupt the Insurance industry is, using tactics like; falsifying reports, altering medical records, contacting my Dr's, attempting to bias them and more. An example; a complete pre-employment physical I had taken, I kept the original copy that stated "everything within normal limits," they Insurance carrier Lawyer shows up in court with "my pre-employment physical report that stated - Severe Restrictive Lung Impairment, equivalent lungs of a 64 year old male!!" I was 33 and in excellent shape, why would someone even hire a person with severe lung problems, to work with hazardous materials!
On September 12, 2000, the Buffalo NY WCB Law Judge ruled in our favor, linking the causation of my Disability, to my place of employment. This of course was immediately appealed, but on 12/7/2000, the 3 WCB Appellate Judge's upheld the decision and my employer was ordered to pay back benefits and all medical bills past and future. But to this day, my employer still denies that anything is wrong with me, and if their is, definitely not from their company.
I was recently sent for an IME (Independent medical exam) with a Dr. in Buffalo New York, on 10/24/2002, for the lower back injury I sustained on 9/17/1999. I just received his report and was shocked, then disgusted to read the outright blatant lies and fraudulent information contained in the report. I have been in severe pain for over 3 years, and am currently on 600 mg. of Morphine daily, plus a number of other meds. to help control pain. I have had 5 or 6 epidurals steroid injection sessions of 2 or more shots (including fluoroscope), have tried a number of other pain stimulator devices, physical therapy, traction, etc., with no real or lasting success. I had hope when I found Dr. in N.Y.C, who does total disc replacement, unfortunately the FDA approves a maximum of 2 discs in the US at the present. Another type of surgery, disc removal & fusion of my vertebrae with the full metal hardware, is only recommended as a last resort, and highly cautioned against it, due to my immune system problems.
Despite the many competent well known Doctors and Specialists that have treated & documented my severe back problems, 2 separate MRI's, other diagnostic tests, and the FACT that the WCB already settled all of these issues in 9/2000 & 12/2000, this IME Dr. who is paid by the Insurance carrier to LIE & discredit the injured worker, states that;
- "There is no disability causally related to the injury at work on 9/17/1999"!!
- "Up to October of 2002, treatment has been excessive, further treatment is unnecessary."
- "There is no causally related disability related to the 'reported 9/17/199 injury," therefore there is no permanency associated with it."
- "He is very dubious of this claimant's reported pain, and based on record review, there is no evidence of significant causally related injury."
- Because I refused his request to totally undress (naked!!), he claimed he was unable to do the exam properly? (which is absolute garbage), as I had removed my shirt and pulled my sweatpants up over my knees, and he said "that's good".
ANY other Drs. (including other IME & Back exams I've had) never asked me to strip naked, so they could examine my back! I have the right to maintain my dignity as stated in the WCB IME Laws. He became very hostile and implied I was refusing the entire exam!! (My wife recorded all this on videotape). There are MAJOR inconsistencies in his fraudulent report (such as I do not drive, etc.), he states "I told him" at the time of the exam. Not true! Also other violations of the WCB IME laws and possibly violations of my Civil Rights! As of today they are still trying to find a way to cut me off!! There is much, much, more to this story and I can back it up with concrete proof. My wife has kept excellent documentation from the beginning and would be happy to provide you with additional information if needed.
Sincerely praying for change,
Joseph