postscript2
Senior Member
Posts: 437
Joined: Sep 2006
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Thursday February 26, 2009 3:50 PM
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Hi Hard Luck:
It's not a HIPPA violation as this is not for a personal illness, injury and workers' compensation is literally an "open" book, within it's confines of your case.
My dear, we have been through this before. I don't think that you are trying to "butter" "us" up--just desparately seeking answers to the unknown. I for one "loathe" the unknown, and can always deal with the cards put before me. It's when the cards are held by another party and I don't have a clue what is in their hands--that troubles me, personally.
--So far we know that you were filmed at the gym that the I/C and PTP recommended. Sure things can be taken out of context here. For example, (so I hear) exercises are much easier performed in a swimming pool as the water calms the body and allows more flexibility due to the "boyancy." (sp?)
As I recall from prior posts, your case is fairly substantial--100%? Well let me enlighten you and others that may be reading. Anytime an I/W is found 100% or in close proximity--it infers that you can't do anything at all (although others will have a different opinion).
Over my last 20 years as a C/A, its' common practice for an I/C to routinely perform surveillance. For example, I (yes me) used to call the gym and ask how an I/W was progressing... This was especially true since the 24 CAP on P.T. took effect, leavingn an I/W with virtually no other choice than a Personal Trainer and a Gym for therapeutic pain relief and strengthening.
I don't know what your greatest concern is here. I do remember that you must take frequent breaks and lay down (so do I and most of the rest of us). Have the "films" impeached you in any way, via a supplemental medical report? Have you viewed the films yourself, along with your attorney.
If you provide more info--I/we can try to help you a bit more. Hang in there--when you have "pathology," i.e. "objective findings," then they are difficult to overturn. Most of us who have to do literally "anything" that requires physical exertion are on a good dose of "pain meds..."
Take care and do what is right for your body and mind. If the gym works, then don't stop because some P.I. took some film of you exercising in a pool...
LCS 
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