Any opinions?

[jadams805]

Hi everybody… sorry if this has all been covered before. I’ve been out of work for about six weeks now on workman’s comp and I don’t feel like I am getting any better. Here’s what happened: I was working on a feature film here in California. I was standing on a step stool ladder, while organizing an overhead shelf inside one of the trucks. Unbeknownst to me, when I pulled one object off the shelf, the strap of an armorer bag containing a heavy metal replica gun (Approx. 50lbs) was entangled in the flap of the crate, causing the gun to be pulled off the shelf, out of my view. The gun came off the shelf, striking me in the left shoulder and neck area, causing my weight to shift on the step stool, pushing me sharply to the left. The stepladder I was on began to also shift to the side, pushing me off balance and sending me over the side. I tried to get my balance, but ended up spinning over and landed on the floor, on my backside. I immediately felt sharp pains in my lower back and the rear of the left side of my neck.
Basically, after calling for help, I was sent to the nearby urgent care center where they didn’t give me a very thorough examination. Really, they just put me in X-Rays, gave me some pain medication and told me to come back on Friday, because “there was too much muscle contraction on the X-Ray to see if anything was wrong.” I was sent home from work with an injury report filed and put on medical leave. I asked to relocate my doctor closer to my house, mostly because I didn’t feel I was given proper care at this urgent care center. The next week, I was able to get to see a doctor at the new doctor’s office.
That doctor gave me a more thorough examination and ordered immediate physical therapy, even before being approved for it. That morning I started physical therapy and continued for another four weeks. During this time, my sciatic nerve on my left side started bothering me, making the process all the more painful. The physical therapy didn’t seem to help me, as they did stretches and massage on my pained areas (A large knott on my left side shoulder, and the area from my mid back to upper buttox – plus the painful process of a physical therapist laying his elbow into my sciatic nerve to try and massage it). I would feel okay for about an hour after physical therapy (except for the traction they did, they made it worse immediately) but the pain would come back. The gave me a muscle relaxant and vicodin, but neither seemed to help ease the pain much.
After about two weeks of physical therapy, I was getting worried because I wasn’t feeling any better. I requested an MRI at that time, and they wouldn’t approve it until I completed the physical therapy. Finally a few weeks after my last therapy appointment, they sent me for an MRI on my lower back. The MRI found in L-5-S1 “Disk desiccation without narrowing is seen. A 3-4 mm left sided disk protrusion is noted. The protruding disk flattens the ventral aspect of the thecal sec. It does not abut the adjacent nerve roots.” I have no idea what any of that means but the doctor has ordered me to go see a specialist. It took a few weeks to get approved through workman’s comp insurance to go, but finally I have an appointment tomorrow.

Basically for the last six weeks, I haven’t done much at all. I haven’t been able to return to work (They put me on restricted movement so work told me not to come in because working on a film calls for a lot of standing around 12-16 hours a day and I simply couldn’t do that) so I have been collecting workman’s comp and going to the doctor every two weeks or so. I don’t feel like much has changed, infact a lot of times it feels worse than when I initially got hurt. I can’t sleep through the night, so I’ll get an hour or two or sleep here and there throughout the day. I’ve done my stretches when I feel able, but they do not seem to help. The medication doesn’t seem to help. I’ve never experienced anything like this before in my life, where I do nothing all day but my legs feel like I’ve run a marathon.
So tomorrow I will see what this specialist says… I am somewhat concerned that I was put through physical therapy with out them taking an MRI first. Should I be?
I didn’t feel the need to contact a lawyer because they’ve taken care of my bills and workman’s comp pay but now I am worried that they did more damage than good. What do you think?

Jesse

[LeglEgl]

Thanks for the detailed history. A little more than we needed to know, but helpful nonetheless.

I can't speak directly to California WC (member 1171 is sure to help you there) but I'll give you my take on this. Workers Compensation is an INSURANCE BUSINESS, subject to cost control, just like any other business. (By the way, it's no longer WorkMAN's Comp.)

WC is primarily a benefits distribution system, governed by the WCAB (Workers Compensation Appeals Board) regulations. At this stage of the claim, the WC carrier is dispensing the benefits you're entitled to, as they see it. There is no doubt, with an aggravation of the original injury, that things will shortly begin to get a bit dicey.

As far as the presumed aggravation, it isn't unusual for a PTP (primary treating physician) to take a more conservative approach to treatment (physical therapy) in the beginning. That quite often precedes an MRI, as many back injuries are no more than soft tissue (muscle) injuries. It is doubtful (though possible) that PT has actually caused further injury, but indeed may have aggravated an existing problem.

While you may not feel the need to engage the services of an attorney, that might be something you need to consider, especially if you feel that surgery may eventually be needed. This is when the WC carrier generally puts on the gloves. A consultation with a qualified WC attorney in your area is free, and he/she can give you a good deal of insight as to what you can expect.

You can find a qualified AA (applicant's attorney) here: http://caaa.org/cs/default.aspx