Tom had been walking on crutches for better than three weeks, the aftereffect of a nasty fall at work that gave him a very badly sprained ankle. Because he was on his feet most of the time, there wasnt much he could do but wait, keeping his leg up during the day and waiting for his next doctors appointment. Progress was slow. It seemed that he was the only one worried about him getting back to work. Finally, his ankle showed signs of improvement. When he was told he needed to go to physical therapy, he was a bit reluctant but believed his doctor knew best.

Like most Californians, Tom had heard about all the changes in the workers compensation system over the past few years. He really wasnt sure what to expect. During his time off, he was able to draw down his sick leave, so there was no problem paying the mortgage and making sure food was on the table every night. From what he read in the papers, he was one of the lucky ones in that regard. It helped that he had been with the same employer for more than 10 years, and that sick leave really added up.

And all that paperwork! It seemed that he couldnt do anything without filling out a form or getting something in the mail from his employer. He hoped he had filled out all the papers correctly. Frankly, some of it didnt make any sense at all. Calling the Division of Workers Compensation was like calling the DMV, and equally frustrating. After meeting with his physical therapist, he went to a treadmill to start his rehabilitation.

First thing you know, your back will start hurting because youre walking different, volunteered a police officer in his 40s on the treadmill next to him. The officer also told Tom he better go see a chiropractor before the case closed. Itll do wonders for you. I go there right after I get the therapy on my shoulder.

But my back doesnt hurt, replied Tom. Excuse me for asking, but if your shoulder hurts, why are you jogging on a treadmill?

Simple. When I hurt my shoulder, I had it in a sling. That got me to walking different because I was favoring this side. Well, like I said, once I started walking different, my knee started acting up, and once my knee started acting up, well, its only a matter of time before

Before your back starts hurting, Tom said.

Bingo.

Tom was getting anxious. He had a wrap on his ankle and was starting to work on a treadmill to get strength back in his leg. The doctor said it would be another month or two before he could get back to work.

After exercise, Tom was directed to the whirlpool for his still tender ankle.

You got one of those? another patient asked.

No, replied Tom. But it sure would be nice.

Go for it, the patient urged.

What do you mean?

It happens all the time in comp. You need a whirlpool, you get one. The key here is to get a lawyer. No insurance company will do anything for you other than leave you broke and out of work.

Tom was now thoroughly confused. He started physical therapy thinking it would last a week or two. Now he was wondering about his back, his job, his house. He shouldnt have to be this anxious. But he was on the road to becoming a wreck.

He went to the physical therapist three times a week for the next six weeks. By the end of the third week, he felt fine. His doctor, however, told him he could not go back to work until the physical therapy was completed. He called his manager and said he wanted to get back to work and felt fine. The manager, though sympathetic, said that was up to the insurance company and the doctor.

Why? asked Tom. It doesnt make any sense to me. If I feel fine and you want me back to work, I should be able to come to work.

The manager said she agreed but that wasnt the way workers comp worked.

Tom called the insurance company and asked for his adjuster. He got voice mail.

The next three weeks were about the same as before. Three days a week of physical therapy; taking the kids to school, a task normally done by his wife before she went to work; and trying to occupy the day. The quiet rhythm of these days became something of an opiate, the therapy visits and routine of his family providing just enough structure and motivation to pass the time, but without the stress and concerns of punching a clock every day.

It was another two weeks after the physical therapy was over before Tom saw his doctor again. It was almost surreal. His manager was pleasant enough, but she continued to remind him that his claim was handled by the insurance company, not her. She couldnt even tell him when he could return to work because she hadnt heard from the insurance company whether he had been released.

The doctors appointment went well. He was healed. With some nervousness, Tom began to think about going back to work. He knew all along that this was going to have to happen, but he had hoped for just a little more time. The doctor told him he would let the insurance company know he could go back to work.

Then the letters came. First there was a letter telling him that he was permanent and stationary and that his employer wasnt going to pay permanent disability. If he had any questions, he could contact the Division of Workers Compensation or a lawyer. Well, that seemed appropriate, after all, he had been saying for weeks he could come back to work.

Then there was a letter about a job offer for modified or alternative work and something called a supplemental job displacement benefit. This didnt make any sense, because the letter he got the other day said there was no permanent disability. The letter came from a different claims adjuster. Tom called the insurance company. He got voice mail.

That week the temporary disability check didnt come. He called the insurance company again. This time a real person answered. He said he wasnt the one handling his claim but would talk to the right person and get it straightened out.

Nothing happened.

Tom remembered what the people at the rehab clinic said. With a sense of reluctance mixed with fear, he got the phone book and went to the attorney listings. As he punched in the number, he couldnt help but think about how his back had been acting up the past few days.