Chronic Fatigue and Occupational Disease

Status
Not open for further replies.

elinor

New Member
i filed a claim for workers compensation regarding the causal relationship of my the nature of the jobs i held and the ensuing Chronic Fatigue from which i am not disabled. The claim was controverted and denied on the basis of lack of medical evidence in support although the contention of the employer's legal representative was that the illness was psychological and not medically based. There is also contention as i was released from my job(s) as they could not substitute or temporarily fill due the the distinct nature and 24/7 on call responsibilities as stated in the agencies rebuttal to human rights versus their statement that the work i did was menial and generalized when told to workers compensation. The determinations were also based upon mainly heresay of the respondents as there was either no documentation, questionable documentation or incomplete documents to back their assertions.

What i am asking as i am and have basically been representing myself even when i did have a lawyer, is how is it the workers comp. based on laws of fact yet it doesn't seem to follow that premise? Also how is a determination made based on case precedent when there is not a precendent within the State? i ask respectfully as i am at the Appellate division and am befuddled on how the "rules" can be construed for one party and not the other? There is more to the story...thank you.
 
i filed a claim for workers compensation regarding the causal relationship of my the nature of the jobs i held and the ensuing Chronic Fatigue from which i am not disabled. The claim was controverted and denied on the basis of lack of medical evidence in support although the contention of the employer's legal representative was that the illness was psychological and not medically based. There is also contention as i was released from my job(s) as they could not substitute or temporarily fill due the the distinct nature and 24/7 on call responsibilities as stated in the agencies rebuttal to human rights versus their statement that the work i did was menial and generalized when told to workers compensation. The determinations were also based upon mainly heresay of the respondents as there was either no documentation, questionable documentation or incomplete documents to back their assertions.

What i am asking as i am and have basically been representing myself even when i did have a lawyer, is how is it the workers comp. based on laws of fact yet it doesn't seem to follow that premise? Also how is a determination made based on case precedent when there is not a precendent within the State? i ask respectfully as i am at the Appellate division and am befuddled on how the "rules" can be construed for one party and not the other? There is more to the story...thank you.







Visualize, if you will, a pyramid.
Now, invert the pyramid.
Slice the big end off that pyramid.
You now have what resembles a funnel, an albeit odd appearing funnel, nevertheless; a funnel.

Lots of people (workers comp cases) can enter the opening on the funnel.
A smaller, finite number are allowed to flow through the funnel.
Workers comp cases and social security disability cases are set up to filter, limit. and discourage the numbers that flow through the funnel to their ultimate reward.

On the other hand, many more are allowed to flow through on appeal.
Do not be deterred if you do not succeed at first.
The system is set up to inhibit and discourage successes initially.
If, however, you persist to appeal, the success rate vastly improves.

It doesn't make sense.
It has very little to do with law and due process, and more to do with limiting liability and payout!
If you wish to prevail, just be persistent.

Almost 80 % of initial applicants are denied outright.
The system wants you get discouraged and go away.
If you are persistent and tenacious, more than 80% of appellants are successful on appeal!



 
Relief

Thank You Sir, it is a relief to know that there is a method to the madness and that persistence does accomplish an end result aside from more stress, frustration and pain. i am up against a large agency and have not had the most adequate counsel to say the least when i did have a lawyer. Ironically i have found in my research and with speaking with others professional and layman that in other States that there is more awareness and response with the diseases in regard to workers compensation without such a debasement of one's being.

i am working on a reply brief and it is hard to compile not knowing the exact format or what will be deemed acceptable. It is also difficult as the physical and cognitive limitations make the completion elusive more than i would like. Is there any methodology or trick so to speak in responding?


**addendum: i am totally and permanently disabled i realized that i wrote that i wasn't. i am due to the chronic fatigue and fibromyalgia. :eek:

Thank You

elinor
 
Last edited:
elinor said:
Thank You Sir, it is a relief to know that there is a method to the madness and that persistence does accomplish an end result aside from more stress, frustration and pain. i am up against a large agency and have not had the most adequate counsel to say the least when i did have a lawyer. Ironically i have found in my research and with speaking with others professional and layman that in other States that there is more awareness and response with the diseases in regard to workers compensation without such a debasement of one's being.

i am working on a reply brief and it is hard to compile not knowing the exact format or what will be deemed acceptable. It is also difficult as the physical and cognitive limitations make the completion elusive more than i would like. Is there any methodology or trick so to speak in responding?


**addendum: i am totally and permanently disabled i realized that i wrote that i wasn't. i am due to the chronic fatigue and fibromyalgia. :eek:

Thank You

elinor


There are no tricks that I know of, but there is a method.

The appeals are heard by lawyers, sitting as administrative judges.

As lawyers/judges, they are looking for certain buzzwords and phrases.

They want to hear that you are permanently disabled and why.

The why could be that you are in so much pain, that you are unable to focus or think for more than 5-10 minutes at a time.

The pain is so intense and regular, that relief never comes, or is only fleeting.

They look for things like you can't think because of the pain.

They want to see that the pain is so severe that it impacts every aspect of your being.

You keep repeating it, over and over.

It helps if the appeal says that it took you a month to write one page, or that the pain was so chronic and pernicious, that someone had to assist you in writing the appeal.
 
Last edited:
There are no tricks that I know of, but there is a method.

The appeals are heard by lawyers, sitting as administrative judges.

As lawyers/judges, they are looking for certain buzzwords and phrases.

They want to hear that you are permanently disabledand why.

The why could be that you are in so much pain, that you are unable to focus or think for more than 5-10 minutes at a time.

The pain is so intense and regular, that relief never comes, or is only fleeting.

They look for things like you can't think because of the pain.

They want to see that the pain is so severe that it impacts every aspect of your being.

You keep repeating it, over and over.

It helps if the appeal says that it took you a month to write one page, or that the pain was so chronic and pernicious, that someone had to assist you in writing the appeal.


That's actually excellent advice, OP.

You MUST appeal to ALJ level. Be strong.
 
Continued Fighting for Compensation HELP

:nuts

i lost my appeals at the Appellate Division they didn't even look at them, to review them although i did present them in a succinct manner, with the premise of procedural error in the lower courts, lack of legal representation and my health deteriorating. i then filed a motion with the Court of Appeals and waited 2 months to hear they wouldn't look at my argument nor the 2 briefs (original and reply) that i had sent to the Appellate Court and to them along with my adversary's brief. Now i am in a pinch to create a reargument so they will review the information. OMG this is unbelieveable. i am beyond exhausted. i am disheartened and disgusted with the legal system and how it allows for deceit, error, fraud and dishonesty. i am tired, in so much pain, going under financially and just not hopeful with life yet i still persist.

i am going to approach the request for review based on the tort of deceit and lack of review in the courts below, that there was negligence that allowed for the wrong determination and i was not afforded due process as should be any living soul. i am hoping i am on the right track. i searched endlessly for a template to follow and could not find one. i have not been well so have not been able to tackle this project as it should have been and it has to be postmarked by the 24th of this month. :eek: If anyone has any suggestions please i welcome them. Thank you so much.
 
:nuts

i lost my appeals at the Appellate Division they didn't even look at them, to review them although i did present them in a succinct manner, with the premise of procedural error in the lower courts, lack of legal representation and my health deteriorating. i then filed a motion with the Court of Appeals and waited 2 months to hear they wouldn't look at my argument nor the 2 briefs (original and reply) that i had sent to the Appellate Court and to them along with my adversary's brief. Now i am in a pinch to create a reargument so they will review the information. OMG this is unbelieveable. i am beyond exhausted. i am disheartened and disgusted with the legal system and how it allows for deceit, error, fraud and dishonesty. i am tired, in so much pain, going under financially and just not hopeful with life yet i still persist.

i am going to approach the request for review based on the tort of deceit and lack of review in the courts below, that there was negligence that allowed for the wrong determination and i was not afforded due process as should be any living soul. i am hoping i am on the right track. i searched endlessly for a template to follow and could not find one. i have not been well so have not been able to tackle this project as it should have been and it has to be postmarked by the 24th of this month. :eek: If anyone has any suggestions please i welcome them. Thank you so much.

Chronic Fatigue Syndrome is the worst type of occupational illness one could possibly try to adjudicate. It is even harder to litigate than work-related stress! I really don't believe you will reach any plateau where you will even minutely prevail, despite Army Judge's encouraging advice that was not realistic as to the ways the system works.

I really think that any further or persistant attempts to get your claim accepted will fail since it has failed thus far even though you were very persistant. The only chance you may have is if you can show that the fibromyalgia is work-related, which I assume you've already tried to do through the appeals process. Otherwise, you may be wasting you time.
 
Last edited:
i appreciate your candor. i know that it is quite difficult to litigate yet i am adamant. ME/CFS cases have been successfully adjudicated; if i am utiliizing the terminology correctly; in several States and Countries. The system is broken in respect to occupational illnesses guaranteed as it does not allow for any new diseases. i have the medical prima facie, i have the documentations and medical backing the lower courts and Appellate looked at my case from the perspective of the diseases being mental health related when they are medical primarily thus procedural error. The agency i worked for also responded in bad faith by manipulation of records, refusing to comply with request for records, falsifying statements (in black & white) amongst other issues in order to win. So you can understand why i am not giving up. Thank you. ")
 
i am also going to see if i can file an amendment at the Appellate Division & WC Board for Special Funding (Believe it is WC 125?) for special consideration as the case was not given due process and was negatively impacted as being disabled, poor health and lack of legal advocacy and guidance the paperwork needed to support was not remitted until upper court. i as well have been contacting the political representatives, media anyone i can who will listen. If i give up i will not exist.
 
Status
Not open for further replies.
Back
Top