Thursday, January 10, 2008

Settlement??

Well, it's been 2 years since I've been able to see a doctor, and that was only because the company insisted that I see their doctor so they could say I didn't need any further care. However, that isn't what happened. Not that it did me any good. Since I no longer live in California because I couldn't afford it when they stopped paying me, I can't find anyone who will take out-of-state work comp, and can't afford to pay anyone, so I haven't been able to see anyone. And my health has gone downhill fast.

Two movies come to mind in describing a couple of my big problems. Remember Preditor? When the alien rips the skull and spine from his victim? Yes, that is what my neck and back feel like. As for my feet... Well, remember Misery? The block of wood and the sledge hammer... sometimes I can barely walk. It's like that mostly at night and morning. Not quite that bad in the afternoon, although I do walk like I've got stones in my shoes for several hours of the day, and I haven't been able to wear heels for several years now.

And sleep... what is that, anyway? I don't even remember anymore. I don't think I've slept more than 4-5 hours a night since 1999. It started with my hands and arms being in so much pain that it kept me awake. But after the spinal fusion, a bigger problem arose. No matter how much I try to make sure my neck and back are perfectly aligned, within 3-5 minutes, a growing burning pain tells me to try again. And well, the rest of me is so sensitive to touch that every place I am making contact with aches. I daydream of floating a big soft fluffy cloud, or suspended in air with zero gravity! No matter what I do, I feel like I'm sleeping on cement! However, I did go try out a Select Comfort Sleep Number bed just to see what it was like. (My sleep number is 25 or lower.) It was great; about as close to floating on a soft fluffy cloud as you can get! Too bad I don't have a spare $5000; I might actually get some sleep!

As for the financial end of this mess, the last time I received a single dime from the company was 2 years and 2 months ago. Keeping track of the pay stubs, which showed that the amount they withheld had recovered the entire overpayment was in February 2007, (because, you guessed it, they were withholding the incorrect amount; can they get anything right???) But apparently the paystubs don't matter, at least to my attorney, who is sick of this matter and just want it to end. However, the paystubs match the amount that they said they had already recovered when this whole mess started, so when did they suddenly become meaningless?

I finally signed a paper that I really wasn't happy signing. The company has said that they will give me a big check for the back pay of the permanent disability that they have refused me for 2 years, which means that the amount that had been recovered, is no longer recovered! BUT... they will be so wonderful as to waive that amount, and I, in return will not seek penalties for their refusal to pay me benefits. Am I the only one who smells something foul in the air?? Why would the same people who allowed my son & I to live in a shack with no heat or A/C, nothing but a bare concrete floor, with raw sewage leaks, infested with mice and spiders for a year and a half, suddenly waive $24,000? The money they are giving me is simply part of my settlement. They are not doing me any favors; this is in thier own best interest. I can only wonder what the penalty for failure to pay out permanent disability and long term disability would have been.

My attorney says I need to take this and pay a doctor to see me and make a report, then turn in the receit to be reimbursed. But seeing that they have refused any request that any doctors have made for medication, physical therapy and counceling, I do not think they will reimburse it. So... how do I get the care I desperately need?? Ideas?... Anyone?...

Well, it's taken me days to write this & I'm dying now. But I do feel much better venting! Ha!

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