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Stuck between a rock and a hard place - bagpussinamerica - 11-07-2008

Hi everyone. I am still waiting to hear from my surgeon with regards to a re herniation to L5-S1 site. W/C wrote to my surgeon two weeks ago asking if this re-occurance is in keeping with the origional injury.....he wrote back and told them definately. Then he stated that my chances of gaining employment without surgery was very poor and that surgery was required. That was two weeks ago. I was put at MMI in late July. And settlement payments were sorted. I am still on payments regardless of this new reherniation. I spoke with W/C today and they told me that they could not change my status until my surgeon officially requested surgery. But we are still trying to work out what would be best for me. I can not understand why I am still being paid settlement payments, instead of being back at tpi. Does anyone have any insight into this? I did ask her if I had to file a new claim, and she said no, that I didn't since this is related to the origional injury. I don't get it. This is all taking place in Montana.

What I did find interesting is that when I said that I was finding it very hard to keep a positive outlook on things, she rapidly stated that she would get things moving. Why are they worried if I get depressed? As far as I know that affects nothing.

RE: Stuck between a rock and a hard place - lfoster21 - 11-08-2008

I don't know the answer for you, but I wanted to let you know that I will keep this in my prayers and I hope you get your answer very soon. I am also sure that someone will be along soon, with a suggestion for you.

I am curious about your settlement...In VA, once you settle a case, you can not go back to your original payments. Are you talking about a final settlement for your case, or something else? Im just curious.

I wish you the very best.

RE: Stuck between a rock and a hard place - bagpussinamerica - 11-08-2008

Sorry. I always get caught up in the terminology here. The actual term, I believe, is impairment award. Apparently it is given once you reach MMI.Which apparently I had done. It is all complicated. I hit MMI. At the same time I had told the doctor who was doing the MMI assesment that I was having more pain and that my leg would go out from under me. The day after I saw her, I saw my surgeon, who asked about the pain and I told him the same thing, and that I would just carry on like it didn't exsist. A couple of weeks later, I couldn't just pretend it didn't exsist. Anyway. All crosses wires by the looks of it. I am learning not to brazen things out. Not to go on like everything is ok. Not with W/C anyhow.

RE: Stuck between a rock and a hard place - sparkey - 11-08-2008

So you still go to the WC doctor? I remember reading that if you do not go to the doctors after so much time that your case closes. I go to a pain clinic once and even sometimes twice a month when my injections are scheduled. I received a 10 % impairment award in Aug. and the ic still pays for all my treatments and mileage, just not my medications. As far as what I have been reading, a permanent impairment settlement does NOT close out your wc treatments. If this was in July it is still not to far from your award and I would think the case is still open. I am just guessing here from what I have been reading, but would think someone for sure will come along with good information for you. Good luck.

PS. I thought your injury was your hand? The way I just read your post it sounds like your back? I might have you confused with someone else.

RE: Stuck between a rock and a hard place - Bad Boy Bad Boy - 11-08-2008

Sometimes a injured worker can be their own worst enemy...

"As stated by you"

"Doctor" (Then he stated that my chances of gaining employment without surgery was very poor and that surgery was required.)

"You once more again stating this like you did in the past" (We are still trying to work out what would be best for me.)

What's the delay? Why are you still working this out? You have been told surgery is needed now, just like it was in the past?

Stop farding around and get it done and over with. Geeeeeesh...

Your the delay, not work comp, not their insurance, and surely not the doctor or surgeon...

RE: Stuck between a rock and a hard place - bagpussinamerica - 11-08-2008

You know, I come here to get some information, not to get personal opinions shoved down my throat. I admit. I am scared *****edited by admin***** of having any king of more surgery, given that the last time was so bad. I am a single parent and I have not one bit of family here to help out....apart from my teen age daughter. I am scared that something might happen this time that just won't go away. The very fact that my own surgeon is not all that happy about going back in but doens't see much of an alternative, doens't help me to feel much better.

The problem here is not me. My surgeon told me that I didn't need to do anything but think about what he said. He would contact w/c, and go through the procedures, etc, and then his secretary would contact me. W/C wrote to him asking those questions about this current situation. Then everything went quiet. I was left working out what I should be thinking about. I have thought about, and asked questions about a fusion, thought about more epidureal injections, which the first time did nothing at all, thinking about the surgeon working with his "buddies" in surgery about the MRI and what it showed. I was so completely out of it the first surgery, the time in hospital, the loss of my balance, thought processes, walking, standing, even just basic functioning. I'm sorry if I give the impression that I am delaying things here. Apart from everything else, I am struggling with just trying to get through another bloody year without working or being in any way a functional human being. I am sick of being told on one hand there is nothing wrong and I am ok to go back to work, and then being told, Oh sorry, it appears you have been hurting and for good reason for the last 6 months. So who gets it wrong. I didn't. I kept asking the questions, telling the surgeon I was hurting, the physio that I was hurting, the MMI doctor that I was hurting and they all said, well maybe its arthritis - that was the physio, well maybe its just because you are still getting back to working out - that was the MMI doctor, well, just let me know if it gets any worse so that you can not tolerate it any more - that was my surgeon. And the whole time I had already re herniated. Sorry if I dont come across as so confident this time around. I will stop bothering people with these questions.

RE: Stuck between a rock and a hard place - Bummer Knees - 11-08-2008

The work comp system creates fear in injured workers and the insurance company likes to play on our emotions.

I am looking at future surgery and I do not do well with anesthetic, it is easy for me to be given to much medication. I can't even take children's strength benedryl.
So surgery creates a very real fear for me.

I can understand your feelings.

RE: Stuck between a rock and a hard place - bagpussinamerica - 11-08-2008

I know that too. About the medications. In England I never had issues about meds, but here, well since my accident, every medication I have been given has had adverse side effects. When I had surgery the meds I was discharged with were way too much for me. I didn't know that. I just took the things. By the time someone became worried I was two weeks gone....out of it I mean. I don't even remember much about that time.

I just feel so lost in this whole thing. I am supposed to be the smart one. I should have more control over the situation. I am old enough to know better....all of those things. But I don't. I can't. I don't know everything. And I can't know what will happen next. When I was in England everyone told everyone what was going on. You always knew. Here, I don't know what the expectations are. I don't know if I should follow up, or wait, or complain. I don't know whos toes I am stepping on. I don't feel like I even have the right to ask the questions I have of the people that are involved in this. And if I do ask, how will it be taken, or what reprecussions will follow.

And you are right Bummer Knees. If they can't be sure about the medications, what else can't they be sure about. I told my surgeon before surgery that things always seem to go wrong when I have had previous surgery. Even giving birth had complications. He told me it was because I had surgery in England. That they don't have the newest "procedures". Which may be true....but I still had problems with this surgery here. I am scared and I don't want to be. If my surgeon is worried about going back in, what reassurance does that give me?

RE: Stuck between a rock and a hard place - jayne - 11-08-2008

get a 2nd or third if you need it my lawyer and doc stood for me......England I do not believe is 2nd rate to the US. It cant possiably be as our next president and most americans envy your medical system.....Boy are they gonna be surprized.....this cycler was said simply because the majority of americans voted in Obama simply because of health care....

RE: Stuck between a rock and a hard place - Bummer Knees - 11-09-2008

I believe Jayne is right in getting a 2nd & 3rd opinion.

My sister did not feel comfortable with the wc doctor she had. She was told she needed surgery and she told her attorney she wanted a different doctor, my sister and her attorney went to court and requested a change in doctors and it was granted by the judge.

I can understand the confusion in culture differences. My family is from Copenhagen, Denmark. In the United States the insurance companies, wc doctors & wc attorneys like to play games with injured workers. It seems we seldom get a straight answer to our questions due to the games that are played.