| My injury consisted of pulling a heavy bag
over a scanner. I got to the point that I could not move without
pain from this; and, like most, I thought it would go away.
It didn't. Then I reported it to my supervisor and was sent
to the emergency room. The doctor only said pulled muscles and
I was kept off work for a few days. Then I went back to work
with light duty only. I tried this, but I could not even do
the light duty work. I was back to where I started-I could not
move without pain. I was then sent to a Neurosurgeon and then
to an Orthopedic Surgeon, Dr. J. C. Serrato. Dr. Serrato examined
me and diagnosed me with myofacial syndrome, fibromialgia, and
chronic pain. He knew what I was going through and he treated
me with Nerve Facet Blocks. These helped, but this could not
take away all of the pain. Dr. Serratos diagnosis was that
I would never be able to work again. When my husband and I filled
out all the paperwork along with the doctor visits, my case
was approved for upper back sprain under the U. S. Department
of Labor Federal Workmen's Comp.
With my husband in the military, we moved several times since
my injury happened and I was treated by doctors at every move.
I was disabled and on Workmen's Comp.; and, during this time,
I was sent before a hearing for Social Security Entitlements.
After they made several attempts to dismiss the case, my Social
Security attorney, Ed Tante, appeared before an Adjudicator
with me and won my case for Social Security. Although I am
approved by social Security as 100% disabled, the Federal
Workmen's Comp. continues to send me for second opinions to
try to remove me from their rolls. Upon my husband's retirement
from the military, we moved back to Georgia and my battle
with Federal Workmen's Comp. continued. I was sent for one
of many second opinions and I guess I could say the Federal
Workmen's Comp. hit the jackpot this time. Two of the three
second opinion doctors stated that I was 100% disabled, but
the 3rd doctor stated that there was nothing wrong with me
and that I was in good shape for a woman my age. After that,
the two doctors in my favor were sent letters to clarify their
reports and they changed their reports to some degree. In
their reports, I was still disabled, but they could not say
it was job related although all of my medical records led
right back to my on-the-job injury. This was all that the
Federal Workmen's Comp. needed to terminate my pay and medical
benefits.
Ed Tante referred me to Paul Felser-one of the very few lawyers
that will take a Federal Workmen's Comp. case. Mr. Felser,
of Savannah, Georgia, told me that he would represent me but
I had to have money up front. I was hesitant at first. I knew
that it was going to be a long and hard battle and I did not
want to go it alone so I put down the required retainer fee.
My case went before an appeals board and a hearing review
board for an oral hearing which was held in Atlanta by a representative
from Washington, D. C. Mr. Felser traveled to Atlanta to appear
before the board and represent me. The person in charge of
the oral hearing for my appeal agreed with Mr. Felser but
would not make a decision. He sent my case back to Workmen's
Comp. in Jacksonville, Florida and advised them to send me
to a referee doctor to help with the decision. I prepared
myself with a notebook of all my medical records for the past
ten years. Dr. Stappenbeck, the referee doctor, examined me
and my medical records thoroughly. He recognized one of my
past doctors that treated me while I was in Colorado and he
approved of his work. After weeks of waiting and calling the
Department of Labor and Dr. Stappenbeck's nurse, his report
was reviewed by Workmen's Comp. It was not what they wanted
to see so they sent it back to Dr. Stappenbeck with instructions
for him to clarify his report. This was not good enough so
they sent it back to Dr. Stappenbeck for further clarification.
I am sure they were hoping that he would change his report.
During all this time, I was seeing my doctors. Dr. Serrato
wrote to Workmen's Comp. on my behalf while all of this was
going on. Finally, a decision was made. When I was trying
to read the decision, I could not control my emotions. Yes,
I broke down and cried. Yes, the decision was in my favor.
Based on the well-reasoned opinions of Doctor Stappenbeck
and Doctor Serrato, my work related back strain was resolved
and my current diagnosis of traumatic myofacial syndrome is
a residual of the 1990 work related injury.
In a small statement, I could not have done all of this alone.
Mr. Felser was the biggest asset in getting my case resolved.
I can't leave out all the other people that have been there
for me. Dr. Serrato has fought this battle with me for the
past 10 years. I want to thank the most important person in
my life and that is my husband. He has been with me day and
night doing everything that he could to help me. I also want
to thank God-he has made me go each day and believe me it
has been nearly impossible to awake each morning with the
pain. I think sometimes to myself, why me, why is my body
like this? Without faith and hope, I probably would not have
made it this far. Mr. Felser, I am so thankful for your help
with this bitter fight with Workmen's Comp. When I would say,
I do not know if I can keep going, Mr. Felser would say, Wilma
you have gone this far, keep it up. Without you pushing me
on, I sure do not know where I would be today.
To anyone that can relate to my case, I would definitely
recommend Mr. Paul Felser to help you. He encouraged me to
fight and not give up. He represented me legally in the most
outstanding manner that I have ever seen. I'm sure glad he
was in my corner speaking on my behalf.
Sincerely,
Wilma S. Adair |
Wilma
S. Adair
