topic Re: Any input appreciated....visit from a ""court appointed"" nurse case manager in Wellness

Any input appreciated....visit from a "court appointed" nurse case manager

phoenixbrd — Thu, 25 Sep 2014 02:36:00 GMT

I have never posted anything this personal before on these boards...We are expecting a visit from a "judge" appointed nurse case manager tomorrow and I have no idea what to expect except my husband's doctors would never even allow them in the examining room. His worker's comp attorney is suggesting that we cooperate with him fully. My husband has had two failed surgeries and lives in 24/7 horrid pain. The past two years our lives have completed turned upside down and he is very frail. Do I subject him to this...he hardly talks and any movement is very difficult for him. Nothing will turn his life around at this point and he is not receiving any financial aide. I don't know whether to cancel this meeting or how to handle it. It is presented as the case manager will determine his level of help and make some kind of determination. Only prayer will help at this point, so I'm not understanding the reason for the visit. I financially support us and am his primary care taker. I appologize for the nature of this post. I've looked on line and only find negative comments about "nurse case workers'"...does anyone have any experience similar to my situation. So much appreciation for any insight.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

Tzu4u — Thu, 25 Sep 2014 02:40:09 GMT

You need a lawyer- ASAP

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

phoenixbrd — Thu, 25 Sep 2014 02:47:04 GMT

Wadzila...that is what I was thinking. Should I just cancel the meeting tomorrow. I'm feeling really uncomfortable about this meeting. thank you for your response...I just don't know where to go with this issue. The meeting is scheduled for 11:00 tomorrow. I think I'll try to get another attorney's input first thing in the morning.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

151949 — Thu, 25 Sep 2014 02:50:09 GMT

It sound like this case manager was appointed by the courts to report back to them what her assessment of his needs are. Why wouldn't you want to cooperate with this ? If appointed by a judge she is impartial and there to give the judge her professional opinion of your DH's needs. You say your lawyer told you to cooperate fully - why don't you trust your own lawyer?

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

Colonel Meow — Thu, 25 Sep 2014 02:51:12 GMT

If this case manager is court-appointed, the choice of canceling is not yours, correct? Your lawyer has advised you to cooperate fully, and I'm assuming that you value his legal advice.

If your lawyer is seasoned in WC, I would guess that he deals with such visits as a matter of routine. Have you discussed your apprehension in depth with him/her? They will be better able to shed some light on the process and exactly what the case manager will be assessing.

From your OP, I inferred that this court appointed visit is required to make a determination on your husband's WC claim. Without it, the claim will not be processed or come to resolution - am I understanding the situation correctly?

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

Big Sister — Thu, 25 Sep 2014 02:56:27 GMT

I am so sorry you and your DH are dealing with his illness.

This sounds like a worker's comp. case and if your husband is hoping for a settlement or other benefits from the insurance, I would cooperate with the nurse. She will witness his fraility and pain level. They need to see and know how bad his health really is.

If there is no benefit to your DH, I'm not sure if I would have the meeting.

If you trust your worker's comp. attorney, follow his instructions.

IHTH

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

VaBelle35 — Thu, 25 Sep 2014 02:58:06 GMT

First off, I am so sorry about your situation and prayers to you and your husband.

Is the lawyer your lawyer or is it the Worker's Comp company's lawyer? If it's your lawyer, I would listen to him. If you do not have your own lawyer, I would postpone the visit and get yourself a lawyer who can protect your rights, interest and privacy.

If he's your lawyer, then he should be there for the visit to protect your interest and to see exactly what the nurse sees and makes sure this nurse doesn't over step.

I don't like this.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

Nicnacsmommy — Thu, 25 Sep 2014 03:00:30 GMT

A nurse case worker could recommend that your husband be taken out of your care and be placed in a facility. This could happen no matter what you or your husband's wishes are. I would be very cautious in this situation and seek the advice of another lawyer.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

Campion — Thu, 25 Sep 2014 03:01:18 GMT

" His worker's comp attorney is suggesting that we cooperate with him fully."

So you have representation by an attorney. If I were an attorney, I'd be pretty po'ed at a client who didn't follow my recommendations and was using the internet and polling random forums for advice, instead.

You say you don't understand why the nurse is visiting? So call the attorney's office. The paralegal can probably explain to you (or the attorney, if he's available) what the nurse case worker does, who appointed her and why.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

pitdakota — Thu, 25 Sep 2014 03:02:49 GMT

Your husband already has an attorney, so follow those instructions.

The role of the nurse case manager in workman's compensation is to do an assessment and determine resources that might be necessary. In the long run, cancelling this appointment and not following through could jeopardize his case. To the court and the workman's compensation company this could make it look like you have something to hide.

Also consider that if this is court appointed, you could possibly be found in contempt of court if you don't follow through with this. Can't say that will happen, but can't say that it won't. I can't imagine the judge will be very happy. But at the very least, it will jeopardize your husband's WC claim.

I know several nurse case manager's that work in workman's compensation cases. The ones I know place the claimant's ability and needs at the top of the list and advocate for the claimant for decisions from the claims' adjustor.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

Drythe — Thu, 25 Sep 2014 03:07:03 GMT

I am also so sorry for your husband's pain.

"His workers comp attorney." Is that your husbands attorney representing him, or the companies workers comp attorney representing the company?

If the advice came from your attorney that should be good, if it came from the company attorney you should insist that your attorney be present.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

KarenQVC — Thu, 25 Sep 2014 03:09:02 GMT

Do not do anything until you feel you have a clear understanding of what is going on. You can feel free to cancel the one visit until such time, I would think. There will be times no one can visit because YOU are sick, for example. Are you sure this is not a petition for guardianship or incompetence filed by a relative or child?

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

pitdakota — Thu, 25 Sep 2014 03:09:11 GMT

On 9/24/2014 Nicnacsmommy said:
A nurse case worker could recommend that your husband be taken out of your care and be placed in a facility. This could happen no matter what you or your husband's wishes are. I would be very cautious in this situation and seek the advice of another lawyer.

If this is for workman's compensation, that is not the role of the nurse case manager and that would not be the intent of the assessment. Workman's comp needs to either place him at Maximum Medical Improvement (MMI) or determine further resources that need to be provided under workman's compensation. The nurse cannot place him at MMI, but the nurse can perform an assessment to determine what resources need to be provided for the claimant.

ETA: And by resources I mean a hospital bed, home health nursing services, etc.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

phoenixbrd — Thu, 25 Sep 2014 03:09:19 GMT

We have not been told anything about a resolution to the claim. At this point, I don't understand why worker's comp is involved....other than he was injured at work. We need to file for disability as my husband will never be able to return to work. We have put that decision off for two years as my husband could hardly face that he will never be able to return to a life long career that he loved. It is hard to trust anyone at this point. Even though the nurse case manager is appointed by the court (apparently this happens when when the attorney's can't agree to the case manager), they still are reporting to the insurance company and not always in the best interest of the client. That is what I have read, but I really have no experience or knowledge. My husband wants to believe the best and I've had to become his advocate so I feel responsible make the best decisions on his behalf. I've posted here to, hopefully, allay my worst fears.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

RedTop — Thu, 25 Sep 2014 03:12:31 GMT

My take with this is that your husband is disabled through his employer, and is involved in a workers comp claim for permanent benefits. The judge on this case wants another medical opinion based on an assessment of seeing your husband in his home environment. They will be interested in seeing how you live in terms of his medical needs---does the home accommodate him as far as accessibility, etc., which will have great bearing on how they figure his compensation settlement. I actually don't see a problem with this. I spent 10 years helping my husband get full disability through the Veterans Administration---with no lawyer needed, so I am no stranger to medical exams, and providing documentation for what my husband was entitled to. We would have welcomed a visit from a nurse case worker, which might have cut several years off our fight. I also recommend that you get online and file for your husbands social security disability. Everything can be completed online, and Social Security wil take care of obtaining the medical records they need to process the claim. After pushing through the VA system, my husbands social security disability claim was approved within 3 weeks after our online filing. Best wishes to you and your husband with this claim.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

phoenixbrd — Thu, 25 Sep 2014 03:17:20 GMT

Nicnacsmommy....this crossed my mind, but then so has every other scenario. That really troubles me as the workers comp attorney has said that I have not been coorporative because I have not filed any monetary claims as the primary care taker. I have not done this because I love the man and have been with him for 25 years. It has been difficult, but he would have done the same for me. If he could be removed from our home would be our worst nightmare.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

pitdakota — Thu, 25 Sep 2014 03:18:53 GMT

On 9/24/2014 phoenixbrd said:
We have not been told anything about a resolution to the claim. At this point, I don't understand why worker's comp is involved....other than he was injured at work. We need to file for disability as my husband will never be able to return to work. We have put that decision off for two years as my husband could hardly face that he will never be able to return to a life long career that he loved. It is hard to trust anyone at this point. Even though the nurse case manager is appointed by the court (apparently this happens when when the attorney's can't agree to the case manager), they still are reporting to the insurance company and not always in the best interest of the client. That is what I have read, but I really have no experience or knowledge. My husband wants to believe the best and I've had to become his advocate so I feel responsible make the best decisions on his behalf. I've posted here to, hopefully, allay my worst fears.

I would suggest you follow the advice of your husband's workman's compensation attorney. That attorney is your best advocate right now. They are well versed in this and certainly know the state laws.

Good luck and sorry you and your husband are having to go through all of this.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

phoenixbrd — Thu, 25 Sep 2014 03:21:20 GMT

Redtop...thank you for your input. I have wondered if we need an attorney and if we should proceed with disability on our own. The medical records and his condition speak loudly. The only reason I would hire an attorney is just because I am not familiar with the process. This is the flip side of the coin, a nurse manager could possibly be our best resource. But I've read and heard both sides of the story. I wish I could believe that all will be well.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

phoenixbrd — Thu, 25 Sep 2014 03:23:59 GMT

Thank you pitdakota...our life has just taken such an unexpected turn. Everything has changed and the worst is his pain. Lives can change so quickly. I am grateful that at least I have the ability to financially support us. I search for the blessings daily.

Re: Any input appreciated....visit from a ""court appointed"" nurse case manager

pitdakota — Thu, 25 Sep 2014 03:25:01 GMT

On 9/24/2014 phoenixbrd said:
Nicnacsmommy....this crossed my mind, but then so has every other scenario. That really troubles me as the workers comp attorney has said that I have not been coorporative because I have not filed any monetary claims as the primary care taker. I have not done this because I love the man and have been with him for 25 years. It has been difficult, but he would have done the same for me. If he could be removed from our home would be our worst nightmare.

The nurse case manager is not there to remove him from your home. That would not be this purpose.

Sorry to say this, but I wondered about you being cooperative and that is the reason you ended up with a court appointed nurse case manager. Have to be honest here. I think it is in your husband's best interest to start cooperating with both the attorney and the court.

Your decision. But this could end up having a catastrophic impact on your husband's case. You mentioned him filing for disability. State laws vary, but all I can say is if this was on your husband's record here in this state, it would seriously jeopardize any chance of getting long term disability. Have you talked to the attorney about this?