I am a Flight Attendant
FAQ,Personal Injury,Work Injury,Workers' Compensation - August 26, 2015 by Horwitz, Horwitz & Associates
Question:
I am a flight attendant. I was injured in turbulence on 7/3/1994 on a flight from Denver to Chicago. I was working in the first class cabin, and the turbulence was so severe (typical summer thunderstorms) that the captain had called for us to be seated for awhile prior to the injury.
The captain had called to tell us we could get up and continue our service – mainly to collect passenger service items and to stowe our carts and equipment. In the process we entered into turbulance again – just as I was pulling a partially full rack of glasses (with heavy weighted bottoms), which was in the process of being re-filled with dirty glasses from the back to the front. The turbulence sent me backwards – and since I had the glass rack clawed like a bird, the rack came with me, dumping the glasses onto my foot and ankle, perhaps my skin – it happened very quickly. My skin was not cut even though there were a number of glasses broken (4-5 glasses made the fall to the floor and my foot).
The pain was immediate, as my initial report shows, and has continued in the same fashion now for over 8 years. The pain is nearly always to my knee – up my shin, as was the case immediately after the injury, and at times it is up to my buttocks (thus affecting my ability to sit). The pain is sharp and achy in the toe area and skin, with a sharp grabbing pain that is followed by an aura in my ankle area.
Medical arbitration has seen my TTD cut off completely, my last full check was May 16, 2002 covering the period ending 4/30/2002. I am financially desperate at this point and have now been told that I must wait an additional 10 days until the doctor who signed me off and back into full work duties without restrictions (without an exam in person, and without a FCE), returns from vacation.
I need a miracle (and a good agressive law firm!).
I have chronic long term pain which continues to affect my ability to walk normally, attend to normal daily activities such as shopping for groceries, as well as my ability to sleep normally. Additionally, I have had trouble looking into an alternative position as I have problems sitting and am only really able to stand on one leg. I have the mental capacity to carry out upper level management positions (MBA and management experience), but even those positions require sitting, and today’s economy isn’t helping.
I am currently in the process of getting a series of Beir blocks (nerve blocks), to affect the pain in a positive manner. Since I have been signed off at MMI by my employer – United Airlines – without the proper FCE, or a thorough, appropriate IME, I am at least able to use my insurance.
I am without pay at this point, and have a boatload of bills I can not begin to pay, and that is just for August – it will snowball by September.
It is also notable that my employer has basically forced nearly all, if not all, of its long-term occupational injury sustainers back into service or into medical arbitration. There are a record number of arbitrations on going at this time.
The captain had called to tell us we could get up and continue our service – mainly to collect passenger service items and to stowe our carts and equipment. In the process we entered into turbulance again – just as I was pulling a partially full rack of glasses (with heavy weighted bottoms), which was in the process of being re-filled with dirty glasses from the back to the front. The turbulence sent me backwards – and since I had the glass rack clawed like a bird, the rack came with me, dumping the glasses onto my foot and ankle, perhaps my skin – it happened very quickly. My skin was not cut even though there were a number of glasses broken (4-5 glasses made the fall to the floor and my foot).
The pain was immediate, as my initial report shows, and has continued in the same fashion now for over 8 years. The pain is nearly always to my knee – up my shin, as was the case immediately after the injury, and at times it is up to my buttocks (thus affecting my ability to sit). The pain is sharp and achy in the toe area and skin, with a sharp grabbing pain that is followed by an aura in my ankle area.
Medical arbitration has seen my TTD cut off completely, my last full check was May 16, 2002 covering the period ending 4/30/2002. I am financially desperate at this point and have now been told that I must wait an additional 10 days until the doctor who signed me off and back into full work duties without restrictions (without an exam in person, and without a FCE), returns from vacation.
I need a miracle (and a good agressive law firm!).
I have chronic long term pain which continues to affect my ability to walk normally, attend to normal daily activities such as shopping for groceries, as well as my ability to sleep normally. Additionally, I have had trouble looking into an alternative position as I have problems sitting and am only really able to stand on one leg. I have the mental capacity to carry out upper level management positions (MBA and management experience), but even those positions require sitting, and today’s economy isn’t helping.
I am currently in the process of getting a series of Beir blocks (nerve blocks), to affect the pain in a positive manner. Since I have been signed off at MMI by my employer – United Airlines – without the proper FCE, or a thorough, appropriate IME, I am at least able to use my insurance.
I am without pay at this point, and have a boatload of bills I can not begin to pay, and that is just for August – it will snowball by September.
It is also notable that my employer has basically forced nearly all, if not all, of its long-term occupational injury sustainers back into service or into medical arbitration. There are a record number of arbitrations on going at this time.
Answer:
Your story is an upsetting one. Urgency is required and yet the WC system in our State, while pretty fair, is unfair when it comes to urgency. Defendant can get away with attempting to starve an injured employee out while it makes court battles.
It’s clear that your records need to be reviewed and a 19(b)1 filed.
We would of course consider your case. RSD (Regional Complex Pain Syndrom or Reflex Sympathetic Dystrophy) is a complex ordeal and needs to be vigorously prosecuted. I am sorry for your ordeal. Obviously, you have been through hell and the Defendant could care less.
It’s clear that your records need to be reviewed and a 19(b)1 filed.
We would of course consider your case. RSD (Regional Complex Pain Syndrom or Reflex Sympathetic Dystrophy) is a complex ordeal and needs to be vigorously prosecuted. I am sorry for your ordeal. Obviously, you have been through hell and the Defendant could care less.
