Workers' Compensation Discussion Forums

Montana. I should find the way to keep the basics on here! Ok here goes. Herniation of L5-S1 disc. Had surgery which failed. On surgery two Tarlov cysts were found - one at L5-S1 site, another at S1. Surgeon unable to locate herniated remnants in area to remove. I had physio but later, just as W/C placed me at MMI...I had further severe pain in same areas with more pain down both right and left legs. Surgeon did MRI and said re herniation of same disc and surgery requested. W/C doctor said that pain was result of Tarlov and not herniation and felt that initial herniation, which could not be found, meant that there was no herniation...despite MRI clearly showing. Had second opinion...same opinon along with Tarlov involvment. W/C wanted to stop benifits saying that Tarlov is pre existing and not work injury related. They sent my records to and independant surgeon for review...I sent my records to Tarlov expert in Kansas City. Surgeon in Kansa City said Tarlov definately involved...but re herniation was the main problem to be dealt with. I felt good about that. Then just got report back from independant W/C surgeon who supports my experts opinion and stated that Tarlovs is pre exisiting....but for the most part are un symtomatic. Usually becomes symtomatic following trauma. He said that more research is needed in the area...but that my symptoms come directly from the work place injury of herniated disk...and subsequent activation of Tarlovs. W/C accepted this review and has agreed to accept that Tarlov is now activated due to the workplace injury!!!!! I think it is important for people with Tarlov to know about this since my attorney felt initially that to claim on Tarlov would be tricky...but now with surgeons report on this it makes others with Tarlov in a better position.

Also had a new accident four weeks ago when I fell down a hill because of foot drop which has resulted from first injury. Broke several bones in the hand and smashed up my face pretty badly and broke my nose as well. W/C did accept this too.

So over all I am feeling better about situation. Surgeons are trying to work out plan for surgery that addresses both the Tarlovs and the herniated disk.

wow thats great..dont know much about tarlovs but seems like you have gone above and beyond to prove your case..congrats score 1 for the injured workers

I have to say that I was really motivated. I had no pain at all prior to my injury...and then since nothing but pain and disability. When they told me that they were going to discontinue my benifits and leave me with nothing...not able to return to work, no access to care, etc I was really angry. When I told my attorney what my expert had said he was really pleased. He said he just sat back and watched whilst I collected all the evidence and opinions I could find. I have read about so many people diagnosed with Tarlovs and left out to dry since it is considered congenital and pre exisiting. I am really happy about this turn about. I know from the records that W/C kept on asking if the Tarlovs was a result of the inury or pre exisiting etc. Every time their own expert said that there was no doubt in his mind at all that it was made active by the workplace injury. I shouldn't be feeling so happy, but I am. I just hope nothiing else comes up to make my case stay stagnant. I was injured in Aug. 2007. I am now 55 and with at least another year of surgery and recovery I worry about the prospects of gaining any kind of useful employment.

hi Bagpuss.....lady.....you have had your share of trauma!! Injury, on top of injury, ALL snowballing from the original work injury. Wow.
I am glad they have accepted all your claims....and pray you can someday find relief from pain after the surgery.
((Hugs)) Lilly

Thank you Lilly. Some days are worse than others. These last few days have been quite bad. I keep wanting to do things that I can't do and I get depressed because of it. That is partly why I don't come on here so often. It is hard to find things to say when I don't have much to say. Isolation is a killer. Isn't it strange that one day I can feel so low I don't know if I can ever come out or fall any lower. And then I get a phone call, or a neighbour calls in and I bounce right back.

Its all a process I guess. Someone seriously needs to sort this workers comp thing out. Such a huge amount of humaity left to waste at the way side.