Federal Workers' Compensation IME's and Referee Exam Massachusetts?

[nissim42]

I am on Federal WC for the past four years. I injured my back in November of 2006 at work, had surgery, was out of work a total of 10 months prior to and after the surgery. I was out of work 5 months before WC finally approved the surgery, which was 100% pure pain going through physical therapy and all before they finally did an MRI at which time they discovered I needed surgery immediately. I went back to work, and was much better after the surgery, however, I still lost many days of work h over the years due to severe, debilitating pain. On these days that I was out of work due to my back problem, I always used my own leave. I felt I could not be bothered with all the paper work so I bit the bullet and used up 90% of my leave. Fortunately, I had wonderful co-workers and bosses that let me work at home when I was unable to make the trek to work. Now fast forward 10 years after the surgery...I am unable to walk, sit or stand for very long at all - thus resulting in the past four years of being on WC. In a nutshell I have no life, and the life I have is 95% housebound and 100% pain (when awake) etc. I now use a cane, sometimes a walker depending on how bad I am, or bedridden. The diagnosis... failed back discectomy syndrome. I have a difficult time admitting to this, but the life I once had (which was very active and wonderful) is now a thing of the past. I had a second also as a bartender making fabulous money, nights and weekends before my injury and surgery. Now I am back and forth with IME's ( I feel they are harrassing me). I know and anyone knows that WC's job is to get as many people as they can "off their roles". My primary orhtopaedic doctor has been with me through this whole ordeal, 13 1/2 years and is wonderful (he feels very bad about my situation), but there is nothing they can do for me at this time. I live in Massachusetts and I have had 4 IME (in four years), one doctor I saw twice. I just recently had a "referee exam", all of the WC doctors said I am fine to go back to work full time with limitations, and that my injury is permanent, but in their opinion not bad enough to be out of work. Of course the WC doctors are going to say I am fine. My doctor knows I am not, he sees me when I am at my worse, and does not see me going back to work now or if at all (unfortunately for me). I have a Federal Workers Compensation lawyer on stand by. The lawyer said I do not need him yet until WC makes the next move. My question is:
has anyone been through this type of situation with Federal WC and their doctors? And can WC make me go back to work if my own doctor thinks and says I am not able to. Also, can WC just place me in a job anywhere they deem fit. My dire wish is to get my life back, get back to work and have the wonderful life I had prior to surgery. Thank you in advance.

[achban]

NOW, is the time to have an attorney, the courts have ruled that your attorney can accompany you to the IME.
Plaintiffs in Pennsylvania will no longer have to face defendants' independent medical examiners alone. A federal judge has ruled that plaintiffs' lawyers may be present during independent medical exams (IMEs). (Gensbauer v. May Department Stores The May Department Stores Company was a department store chain founded in 1877 by David May in Leadville, Colorado. Its headquarters moved to St. Louis, Missouri in 1905, and the company went public in 1911. Co., No. 98-CV-5323, 1999 WL 200676 (E.D. Pa. Apr. 5, 1999).)

"I am persuaded that the party examined should have representation during a medical examination," U.S. District Judge Anita Brody wrote in the opinion. "The party being examined may have to respond to limitless questions by a trained representative of the opposing side without check. Legal representation seems appropriate in such a circumstance."

Once you have an attorney the Carrier will start behaving in a fair manner and try to help you either rehabilitate or assign a percentage of disability so that you can proceed with whatever future plans you are capable of doing.

[arber47]

I had a very similar problem a while back. Save some time and read through here: www.lawyersearchpark.tk