Tag: Worker’s compensation

Let’s Put this Saga to Rest!

On By mikeykjrIn Worker's compensationLeave a comment

As my regular readers of this site know, I have been out of work since July 2025 as I suffered a work-related injury. My employer has not paid any compensation since I have been out of work. They have denied various medical claims related to the work injury. Due to this I have hired a lawyer who has been working to resolve this claim. Finally, I have a worker’s compensation hearing on November 24, 2025. It is my hope that this claim whether denied or approved is put to rest. In the meantime, my anxiety is at an all time high.

First, I received a notice on Monday of this hearing though I have known about it two weeks before (as my records are available via the w/c website). My lawyer has NOT given me a call to information me of this hearing nor discuss how they are going to present this care and prepare me for anything I may have to say or not say. My relationship with this lawyer is NOT ideal. I just hope if they do not contact me, they show up to the hearing (which is virtual). If not, I will ask the w/c Board NOT to pay them their fees requested.

Second, I had conversations with people who have went through this process in the past. Two worked for my employer in the past. They were awarded judgement because the employer was not present at the hearing. A third, had their case prolonged for whatever reason. While I hope the first would happen in my case, my addicted brain always thinks the worst. Then I am left with what will I do if it is denied. There are times I can not think about it at all but it only lasts for a couple of hours and creeps back in. I’m dealing with it as best I can.

Third, I no longer have any monetary resources. My family member has graciously paid for two Walmart grocery deliveries to hold me over for the month. They have also paid my immediate bills (telephone, internet and electricity/gas only) last month and this month. In the past we have not had a good relationship and I hope that his changes. I have kept track of all monies given to me and will repay such when I am able to earn another income.

Lastly, I have been looking for a remote (work from home) job. This is another frustrating process because I have to sift through search results which don’t match “remote work from home data entry customer service” jobs. Yesterday I received two emails from two different companies who want me to pay for a TransUnion credit score verification. Nope not doing it. They don’t need that information nor will I pay even $1 for such information. I don’t know if they are a legitimate company or not nor am I going to spend hours trying to find out. Despite this I have applied for at least 30 postings in the last couple of weeks but have not had any responses except those noted above. I am currently using five websites that I trust and respond to any new postings I receive via email if applicable. It’s been a long time since I have applied for a job. Why is it so difficult to do so? Back in the day you send your resume and could call the company to check on the status of your application. Today, for many companies, they do not provide any contact information to follow up. I could research the companies but that would take time I rather put towards apply for jobs.

I just want this whole thing to end so I can get back to some sort of normal life.

Update on Worker’s Compensation

On By mikeykjrIn Worker's compensationLeave a comment

It will be almost five months since I started my worker’s compensation claim with my last employer. Time and time again, procedures are denied, payments are denied, etc. When I hired a lawyer, I thought it would expedite the process but unfortunately this is not the case. Finally, I have a scheduled hearing after I have exhausted all income available to me. Honestly I just want this all to end…period.

Back on March 30, 2025, I fell at work. I reported it to the manager on duty who replied, “You’ll be fine in a couple of days”. I continued to work for three more months. Then I was called into the office to discuss my “productivity”. The manager acknowledged the proper protocol was not followed but the manager I reported to and was told to speak to the store manager to start the process.

Since the date of the accident, I have seen my primary provider and a worker’s compensation provider in the same office. I have completed physical therapy with no help. However, additional tests have not been approved for various reasons. Suddenly, I receive a call from OneCall to schedule an MRI that was approved. Don’t even remember talking to my provider about that. Anything I need can usually be done by the local hospital, I just have to report it under worker’s compensation. Apparently not with this company?? Wait until they learn, I don’t drive..but that is for another day.

In the meantime, a while back, I retained a lawyer because I wanted someone to look into the case and direct me. Did they? Nope. I had to call them over two months on various occasions to get a status on my case. Then when I was able to speak to an actually attorney instead of a paralegal rep, they contradicted each other. Neither had the right information in front of them. So I sent a document with a timeline of when, what, who and outcome. Later they questioned the various dates. Instead I argued, the dates are all within three days (03/30 – 04/1). The point I wanted the attorney to note was my employer DID NOT follow proper protocol to file an accident report on the day that it happened. Still didn’t get through their heads. Whatever….

Since July, when I actually began my leave of absence from work, I have used all financial resources to me. Drained the bank account, savings, 401K, stock opens, credit cards are maxed. I literally have no resources left. My own sister (who I haven’t spoke to in depth since I moved here in 5 years) has send me money and just bought me a large order of groceries to help me through this month. My landlord hasn’t been paid for October nor November. I have contacted state agencies and other support agencies who all say “Unfortunately because you have an open worker’s compensation case, we can’t help you.”

Today, I was able to look online about my case and a hearing has been scheduled for 11/24. It’s a virtual hearing. It was just posted today so I’m sure my attorney has not reviewed it. It’s my hope that THEY call me instead of the other way around. If they don’t, I’ll attend the meeting to honestly say, “My retained attorney has not spoken to me since the middle of October”.

Honestly, I just want this all to end. I really don’t want to as my employer is the one at fault. Instead I have racked up medical bills that aren’t paid. Gained a large amount of debt. Spend every dime I have just to survive these months. On the verge of eviction, utilities cut off, etc. No one else will help me. Let’s just get it over with, so perhaps I can file for short term or long term disability.

This whole process is just a joke. The company doesn’t care about the employee, they just want to cover their own ass. I have no plans to return to them, no matter what. I am so DONE!

A BIG RELIEF

On By mikeykjrIn WM WC Claim 2025, Worker's compensationLeave a comment

As expected, lawyers I inquired with contacted me. I contacted one who ended up referring me to another. Gave all information regarding claim and we are moving forward.

I know it’s not permanent. Just signed docs so they can review all paperwork involved. Still..at least I have someone willing to look into the case.

Won’t mention who, nor will I mention further information about my w/c case here. I might give general feelings of what is going on but not specifics. Honestly, I think I have done enough without consulting one, so I don’t want to muddle what they do in case the other side finds this site.

But knowing that someone is at least looking at my case is a HUGE relief.

I honestly think I may be able to get a full nights rest now knowing I MIGHT have someone in my corner to help me through this crap.

It’s Going to Get Ugly Around Here

On By mikeykjrIn WM WC Claim 2025, Worker's compensationLeave a comment

It is known navigating through the worker’s compensation process is a nightmare. I’ve been on a leave of absence (LOA) for over a month and not getting any compensation, yet. Unfortunately, it’s time to take matters to another level as I am getting no where with anyone.

I was warned and know, through experiences of others, this whole process can be be a challenge. Some cases are resolved almost immediately because the “evidence” and supporting documentation are apparent. Others, like mine, take time to resolve, because details are vague the supporting documentation may not support the evidence.

As I have documented here, I have three four entities working on my case. First, my employer is Walmart. Second, the Worker’s Compensation board has assigned a case number and is “monitoring activities”. Third is a third party insurance company working with Walmart. Lastly, there is Walmart Corporate Claims Services in which I have a worker’s compensation worker assigned to me. Lastly, there is another company Sedgwick, who also handles FMLA where an employee reports absences or Leave of Absences.

Over the last couple of weeks, I get one notice after another from Walmart Claims services either “Refusal” or “Objection” to such claims. In the case of Sedgwick, I get a refusal to approve my LOA because of lack of medical documentation. I have enough stress in my life being out of work for almost a month or more now with a tentative return to work on September 5, 2025. Even my request for worker’s compensation for lost wages over this times has been denied, “Your workers compensation was accepted for an acute knee injury only. It appears that your current issues are due to the lower back, and seem to be of a degenerative nature. In regards to the workers compensation claim, there will be no compensation for lost time.” Unfortunately, I have to take this to another level – an inquiry with a lawyer.

My medical appointments are so spread out over time, I’m just sitting and waiting. I have another appointment August 26, to start physical therapy. I don’t see my worker’s compensation provider through my medical provider until September 5, for a re-evaluation. Meanwhile, I’m living on wages saved which is dwindling down to almost nothing but the end of the month.

Last week, I put in requests through various worker’s compensation lawyers for a consultation. No one yet has gotten back to me. Again, I know they have to sift through various requests themselves, review the initial request, then get back to me. Again, this all takes time. I can only hope one comes through to inquire further about my case.

Lastly, the only income I have is my 401K. One loan was taken out last month. I just requested a second general purpose loan today to cover my rent and utility expenses for next month. I attempted a full withdraw but that was denied. I know the consequences of such requests but it’s the only source of any income I have right now.

I can only hope things start to come together shortly rather than later. While I have no control over the processes involved, I do what I can when I can. Mentally, I’m depleted. Physically, I have been hurting a lot lately but continue to attempt walks and do exercises as needed. Spiritually, I ask assistance on a daily basis to get me through the day.

That is all for now.
MK

Shot by an Arrow – Not Giving Up

On By mikeykjrIn WM WC Claim 2025Leave a comment

I was in a good mood this morning. Felt good for my re-eval with the w/c doctor. Support from people here brought me out of a bought of depression. I was feeling it was going to be a good day I can deal with no matter what happened.

Met with the w/c doctor. Obviously no changes in condition since I wasn’t able to get physical therapy yet. I just received the “approval” Thursday of last week. But I haven’t had a call from SOS (the provider) this week. The conditions where there same – fine walking for about two minutes, then sudden pain up the right leg and then constant pain and muscle tightening up my leg thereafter until I got home to put my leg up. Explained to the w/c doctor it use to take me 10-20 min to get to a local store, now takes me 30-45 minutes due to several stops on the way due to pain. My fear of walking without support because I have already fell on someone’s lawn (thankfully) who assisted me to get up. I always have my phone to call 911 but my point is try to avoid it. Again, conditions were not improved since our last visit.

During her typical physical exam she did things with the leg, then the knee. When she did things with the right hip my whole world changed. It appeared there was the source of pain. However, she was not going to rule out some sort of back injury as noted on my original claim. I showed her some paperwork of a denial of a procedure while we discussed other things. She has no clue what they want or need to reverse their decision so that will have to come at a later time.

Meanwhile, I left the visit with the following outcome. Out of work for another full month. Continue to f/u with P/T and following any recommendations. She was going to follow up with procedure that was denied, following up with fellow providers as to the how to handle the claim. No changes in meds.

During my ride home my landlord’s partner/wife. She explained her displeasure of driving me two times a week to Syracuse for P/T. We discussed seeking another provider closer. When I got home, I called someone right around the corner who said they do accept W/C and scheduled my first P/T visit at the end of August.

Afterward, I followed up the the corporate w/c contact. I had send them an email last week which I received no reply. I sent another regarding compensation for lost wages and this is what I received: “In regards to the workers compensation claim, there will be no compensation for lost time.” Great, so this has now gone sideways.

Well…this is my plan of action:

  1. I will NOT under ANY circumstances give up!
  2. I will continue to do what the doctor recommends which is sent to the W/C Board now that a case is assigned and wait for any decision on the case. The employer may continue to deny the claims but until I receive actual documentation of such I am going forward anyway.
  3. Look and speak to a W/C attorney who may be able to help me navigate the consistent B/S I have to deal with my employer during this process.
  4. In the meantime, file another claim with Sedgwick, as if the above doesn’t apply, to cover my butt for the absences for the next month.
  5. Follow up with Sedgwick on previous claims, as they continue to be in pending status for further information which is already attached to the cases. (Another f*king headache).
  6. Made an appointment with a local P/T that works with w/c with appt on 8/26 in the afternoon.
  7. Sent a request to withdraw the balance of my 401K for medical hardship reasons. It’s the ONLY income I have left and I need to pay my bills!
  8. Lastly, look for work from home employers (either p/t or f/t). This may take a while because there is some shady stuff out there to navigate.

With that said, the saga will continue another day which I’ll keep those interested updated as well documented here for my own records.