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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118130
Experience:  20+ Years of Employment Law Experience
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I'm a 62yr old female nurse of 42 yrs The last 5yrs at

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I'm a 62yr old female nurse of 42 yrs The last 5yrs at Compassionate Care Hospice in weshampton N.J.I was I was 60 at the time of my 1st injury in 2013 then turnd 61 in December 2013 & sustained my 2nd unjury on feb.1st 2014. The 1st time Nov.5th 2013 I didn't know I was injured I just thought it was a muscle pull I sustained during my care to my dying hospice patient I was a board certified Hospice & Pallaliative . I did not fill out a incident report because I felt it was nothing but a pulled muscle & worked on to give the care to my dying Patient & support to their loved ones as the had the difficult task of witnessing their love one's final moments of his death . I felt my pain was nothing compared to their pain of loss. As the days went on I continued on various assignments but pain in my right arm & shoulder was becoming unbearable . After being seen by my PCP Dr. Michael Kleinman office Nurse practioner a couple weeks later I was sent to see orthropedist Dr. Larry Rosenberg who gave me cortisone injects thinking this was bursitis , the relief was short lived days later my Rt. arm pain numbness & weakness continued. I made Dr. Kleinmans office aware & was sent to see Dr. Rosenberg for an MRI on Jan2nd 2014 that revealed a partial rotator cuff tear with bursae involvement & impingement that was not able to be corrected by PT & was told I needed surgery . I informed my employer HR Eileen Quinn who sent me the forms I needed & filled out for disability . When a question on the form was asked if this injury was work related I checked the box as yes . Also Dr Rosenberg my then orthopedist office noted this as well ., but the problem started because Eileen said she didn't have a copy of my incident in my file & I told her that I didn't think it was anything & didn't fill it out. Although I had mentioned to several coworkers when they saw I seemed to have difficulty in repositioning my patients or in carrying my bags with my equipment & work laptop in , but I'm a strong willed hard working women ,I have always had a great work ethic & was not afraid of hard work . I was known as a team player reliable , dependable & advocate for my patients rights . But that's when the questioning & interrogating me about the injury . Eileen made workers comp analysis LPN Lisa Hammond aware who is totally unprofessional she has no tack & doesn't know how to talk to people . She began telling me they thought my claim was questional & I would have to be evaluated by their Dr. And also told me I needed to go to the office immediately to turn in my work cell phone & laptop & I needed to fill out the incident report which I did .I was also given the name of an attorney to talk to by a friend & former CCH LPN who's son is an attorney to se Adam Kotlar & associates . I had my initial interview with Chistine Kerr, I provided all info she requested ,then about a month later I was assigned this Justin Cohen who I saw 1 time in the office but texted back & forth & spoke to on the phone numerous times. My march 20th surgery with Dr. Rosenberg was cancelled & I had to wait until I was given an appt. which was in June to see Dr. Luke Austin at Rothman . He reviewed my mri & other info from Dr. Rosenberg . Dr Austin also did an xray of my rt shoulder on that visit as well as obtaining some history from me & manipulated my arm & rt. knee & told me he did agree with the MRI & I needed surgery & also said verbally & put in writing that I would be out of work approx. 5-6mnths depending on my outcome . He would perform the surgery but had to schedule a date. He told me he would notify the case manager at WC & I would be contacted when surgery would be scheduled .I kept my attorney informed . My surgery was done 7/1/14 . I saw the Dr's assistant Connor 7/14/14 he removed my bandages & I had 6 incisions on my rt. shoulder area still quite a bit of pain & swelling . I was given a script to attend P.T 3x's per week at novacare here in Sicklerville. I attended my therapies as scheduled as well as my F/U othro visits . 10 wks after my sugery on 9/15/14 I saw the Austin who told me he thought I was able to return to work doing lite duty '. I returned that tues was told I would be paid $9.30/hr work mon thru fri 9-5 except for days I attented PT which was switched by the WC case manager to evenings after work . My duties were to be in medical records answering the phone stamping envolopes filing & catching up on the back log of work for the bereavement counselor . There were several situations where coworkers challenged or try to provoke a argument & did spiteful things to get me in trouble so Eileen then pounched on me & would report me to WC LPN Lisa Hammond who reprimanded me & threats to my job was an everyday occurrence .I worked in an hostile environment but went to work everyday trying to stay positive & but the belittlement & intentional infliction of put downs continued . I told my lawyer he said he would file a discrimination suit .
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, it is not the "no good WC lawyers," from what you described above, it is the NO GOOD WC LAWS. Under workers compensation the law says all you can get is payment for medical expenses and lost wages, nothing else. There is no pain and suffering, there is no emotional distress. Everything is paid out based on a schedule and based on 2/3 of your base salary at time of injury for the number of years you have before retirement. This is why your case for permanent disability is not paying as much as you believe it should, it is the workers compensation laws that dictate it not that your lawyer is bad, his hands are tied by the law itself.
You also hurt your case by not filing a first report of injury immediately as required by law (regardless that you did not think it was a big deal at the time). The law says that the employee must file a first report of injury immediately upon the injury occurring or as soon as practical after the injury.
Now, if you have been discriminated against in your work place and harassed based on your age/race/sex/ or for filing your W/C claim, then this is completely separate issue and you have 300 days from the date of the last incident of harassment in the workplace for you to file a complaint with the EEOC. The EEOC must investigate your complaint and must give you a right to sue letter so that you can pursue the employer in court for that discrimination/harassment.