Workers' Compensation Discussion Forums

I have been seeing a doctor for over three years now for an injury that happened at work.

Some background:

I work as a Personal Care Attendant and in the process of moving some heavy items (not people) I injured my lower back. The company's insurance accepted the claim and after a few months I was allowed to have an MRI done. The doctor gave me a diagnosis of "degenerative disc disease of the lumbar spine, with three levels involved, including L3-4,L4-5, and L5-S1 levels." He told me that surgery would help but that the symptoms may return in a matter of years. I decided to not have the operation until the pain becomes more than I can handle. It's been three years and the pain medication has been less and less effective. I'm scaling it back and will be completely off it in a couple months. (Might as well quit it if it isn't helping..)

Luckily I haven't lost any days work due to this injury and have been able to work at my job. It has been extremely difficult sometimes, as the physical nature of the work can be demanding.

I am to the point where I am thinking of having the operation to be done with this pain, once and for all. I'm just scared that I may lose my job or something goes wrong in the surgery and I end up worse.

Can someone offer some advice on what I should do at this point? The insurance company has never once returned a call, letter, or e-mail from me and it's like pulling teeth to get them to pay my infrequent (every three months for 5-10 minutes) doctor visits. I just feel like I should be doing something and I can't imagine what it is.

Thanks for any advice you can offer. Sorry I rambled on a bit..

i'd recommend a second medical opinion before you do something like surgery that can never be undone.
give them a name and ask for authorization.

Just an example: My youngest brother at the age of 35 went for back surgery. They fused something in his back. Not sure what exactly. Now he has alot of scar tissue and has been unable /disabled for about 5 yrs. now. Such a young age to not be able to function in the working world. Please give it alot of thought first, second opinions like people said and maybe alternatives to try such as the PT/OT etc. I wish you luck. It could be a life long disability like some people have on this forum.

Thank you all for offering your experience and advice.

The diagnosis was from a specialist I was referred to by my regular doctor. I hadn't thought of contacting a lawyer. I thought one needed to be "cut off" by the insurance company before that was needed? (shows how much I know about this stuff..) Perhaps I do need to speak with one so I can get a better understanding of my options. Any advice on this particular move and what sort of questions to ask?

I have had several re-injuries of the original back problem at work over the last year or so (each one has been duly reported and I kept copies of the paperwork and insurance letters) and think another MRI would be a good idea. Thanks!

Thanks again!!

the need and use of attys in workers comp varies with each state. some are highly litigated and it's standard practice. other states have little subjectivity and are tightly regulated with little need for an atty unless there is a dispute.
Most comp attys do not provide much in the way of advice and information;mainly focused on settlements.

if you want to find an atty most state have referal service from their state bar. many states make work comp a speciality and you should select one that has that designation.
to find out more about how to hire an atty see reference at this site
http://research.lawyers.com/Selecting-A-Lawyer.html

I just posted the other day how I wished that in the beginning of my injury that I had seeked help from a lawyer. I did make a few phone calls in the beginning to lawyers and had a difficult time trying to get together with a few. It was because I was still in pain and wc was trying to put me back to work one handed. I finally just went to work light duty and did not seek legal help as I was getting my mileage reimbursement, medical paid, PT/OT etc. etc. I have always had good communication with my adjuster so there really was no need.

I ended up reaching MMI and had one of my treating doctors do my rating. He gave me a 32%. A check was suppose to be mailed to me from what my adjuster said on the phone. Next thing I know, they had me set up for a IME exam with their doctor. The doctor they chose could not even remember in his notes what state he did my exam in. Needless to say how upset I am, and my rating he gave me was a big difference of 10%. Now because of it, the labor board forced the lawyers to call a hearing. This is now coming up in a few weeks. A few weeks ago I got another letter ( second part of the IME that was not reported the first time ) of how I have no need for ANY medications at all for my injury.

Now I wish I had a lawyer by my side on the day of my hearing coming up. I am all alone and hope that I can do this without being emotional and messing up my case. I did not need a lawyer till the end near settlement. No matter how your case goes in the beginning, you may need one in the end, and then it is to late. It is a tough decision, but I wish I would of known better at the start.

my guess is that you'll do fine sparkey.
it just looks a lot more problematic from this side of hearing because you haven't done it yet.

So from all you know about me 1171 and what my injury is, ratings are, etc. You think I should be okay without legal council? Coming from a adjuster it made me feel relaxed when you typed that reply. I pretty much have all the paperwork to back up the IME doctors disagreement and my need for medications still from my treating PM doctor.

I think I am just scared because I have not ever been to a hearing, nevermind alone. One question though, The hearing is in the afternoon. Do I take medication before I go or wait till I get out? I wake everyday in pain, need meds to get dressed and get ready, but I was wondering are they going to ask me if i am on medication when I see them in court? If this is about paying for my meds, I would think it would be asked.
thank you for the replies.