Wellness

[Drythe]

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.

[KarenQVC]

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?

[pitdakota]

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.

[phoenixbrd]

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.

[RedTop]

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.

[phoenixbrd]

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.

[pitdakota]

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.

[phoenixbrd]

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.

[phoenixbrd]

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.

[pitdakota]

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?