Family Medical leave/Medical leave/Herniated disc

[spknpro]

Hello I am in Houston, Texas.

I injured my back at work, and have gone through months of little relief with physical therapy. After going back to work for about a month. I went back out again on workers comp because my back was still bothering me. My treating physician finally orderd an MRI which said I had a herniated disc with a slight tear. L5-S1

I was referred to an orthopedic and spine surgeon who want's to try injections first. His statement was I will submit it to WC, but not sure if they will approve it they rarely approve anything! I have been off for six weeks now on WC. My 12 week FMLA status has just been rolled over into medical leave status.

I am very concerned now that I no longer have guaranteed job protection with my employer now. Does WC have any provisions for job protection? Also what should I do if WC deny's the dr's request for the injections? My back is still in pain, and my treating physician pretty much told me I may have to find another job if this does not get better. This has been a very frustrating, time consuming, and painful waiting process with WC.
I have inquired into getting a WC attorney, not sure if I need one yet. I'm still receiving my TB payments but not sure what will happen if WC deny's my injections.

I know this is lengthy and covers several topics, thanks for your patience. This has just been very frustrating.

Spknpro.[/color][/size][/font]

Looking for any, and all input.

[1171]

without FMLA the employer is free to replace absent workers.
there is a process for appealing treatment denials.
the best thing you can do is learn all you can about your rights and the regulations.
start here
http://www.tdi.state.tx.us/wc/employee/index.html

[MJC]

Spknpro,
Sorry to hear of another injured with back problems as I am one of them also. Welcome to our forum as this is a great place to be and you will recieve mounds of info from others. We are like a family on here.

You mentioned the delays and waiting with WC. This is a long hard road to travel as I have been traveling it for 10 years now. I have been waiting for approval of a 2 level back fusion since January. I have seen 4 doctors that all say the surgery is needed and still no approval. I have spoken with my attorney in the last couple days and she is going to file a 1008, suit against them for neglect of approval or denial. I don't know what my outcome will be. I instructed her to file the suit as I am ready and tired of their bull excrement. So I guess I will see them in court. I also want the penalty money for them not approving or denying the surgery in a timely manner according to law.

I was also terminated by my employer as I reside a state that is at will work state and termination can take place at any given time for any reason what so ever and you have no legal rights to file for wrongful termination. Although you were terminated, you still have rights to WC benefits since you were injured on the job.

I wish you well as you travel this long hard road but remember you are not traveling it alone as there are many of us. I pray that you receive your injections without too many delays with WC because all this does is worsen your situation by them not getting you the medical care that is necessary to attempt to get you healthy again so you will be able to once again work. I pray you get relief from the injections but I never had relief and also ended up in surgery. It was stated by one of my doctos that I have Failed Back Syndrome which causes spontaneous re-occuring herniations at other level.

Wishing you well and hope that continue with our forum family. We have an Off Topic area where it is more relaxed regarding conversations. We have loads of fun, play BINGO, tell jokes, offer loads of support for each other regarding any type of problem one of our members might be having and lots of prayers as another source of support. I invite you to join us on that area of the forum. We have had get togethers where members have been able to meet each other and it is a very heart warming moment when you get to meet one of the members that you have conversing with for a long time. Hope to see more of you and please keep us posted. God Bless and take care!

Cajun Hugsssssssssss,
MJC

[AQA]

If the request for the injections is denied. The dr. can resumit the request. If it is denied for the second time the request can go to an IRO. The IRO is completely independant. The IRO will make a decision based on medical nessisity.