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final doctors report question
#1
hello everyone I had laminectomy-discetomy in sept 30 2008.L3-L4-L5
SURGERY DID NOT HELP ,received final payment for workers comp.
still in a lot of pain doctor says this is the way is going to be.
after 2 years of treatment, he will try to leave my medical open
and has written the final report today.
what can I expect now? I want to get out of wc alltogether!
doctor has put a lot of restrictions and told me he doesnt think
I will be able to compete at any job due to my condition...
so whats next?thanks for your help
 
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#2
~ California ~

~laminectomy-discectomy~ = removal of a portion of Disc, and sometimes a portion of the Vertabre to take pressure of a nerve or nerves.

Have you had any 2nd or 3rd medical opinions, such as from a Neurosurgeon? It seems like everyone I have ever heard had this laminectomy-discectomy performed, they all seemed the same or some worse. The ones I know that had it performed, ended up with Lumbar Fusions.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#3
there is no "try" to leave medical open.
that is the default status of all comp cases in california.
the only way you cannot have open medical is if you are able to compromise and release for a total lump sum buy out of all benefits.
say "no" to the buyout and lifetime medical is automatic.

"not compete at any job" is not really an AMA recognized rating. It's a work restriction. It's difficult to believe the doctor left you totally unable to work at any job.
what a failure as a surgeon.
I thought the oath was "do no harm".
he should give back his fees and retire with that pathetic an outcome.
so many, many spinal surgery failures. what an epidemic of poor outcomes the orthopedic profession has caused. another tragedy.
did you get a second opinion on having the surgery before it was done?

More then likely you will end up with a rating less then 100%. if the doc does rate you that high, you can bet the carrier will get at least one second opinion rating before agreeing to it.
a 100% rating from your doc will lock you into litigation for while. they can tie the PD issue up for months.

also.....
what a doctor says and what a doctor writes may not be the same thing.
wait until you see the rating before trying to figure what will happen.

if you want a quick C&R you'll have to take a lot less then a permanent total disability buyout and even then the judge might veto it.

what's next is that the report will be sent to the state Disability Evaluation Unit for rating. the parties start talking/negotiating after that.
your disability payments should be dropped down to permanent disability advances soon if not already.

P.S. if your doc does come thru with a 100% rating, expect cameras and video and PI tail for awhile.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
You have stated in the past your doctor stated the spine is now very unstable. Meaning the surgery could have weakened your spine, common with laminectomy-discectomy. Most likely you will now need a Fusion.

You will not see Total disability at a 100% rating.

Is that what your hoping for Total disability at a 100% rating? When you should be seeking other medical options.

1171 is totally correct, for if you did recieve a 100% rating, you will be followed, PI's always around, if their not already, and filming you, snaping pictures and so on.

What might you do these days, or may I ask what have you done the last three days? (EXAMPLE) Like did you leave your home, get in your car, and drive somewhere such as the store, and then what had you done from there? If you done anything like that, and the PI's filmed it, you will be found not Total disability.

There is always a vested interest on the part of an insurance company to obtain credible documentation for the purpose of supporting a claimant’s ability to perform work at some level.)

Whenever you place your mental or physical impairment at issue with the expectation
of receiving disability compensation, the disability insurer (or other responsible party i.e.
worker’s compensation, social security) has a right to have a physician of its own choice
examine you. Although the procedural rules governing IME’s vary among state jurisdictions,
several general requirements are universal. Some disability policies have contractual
provisions requiring you to submit to an IME, “as often as is reasonable”, or “ when the claim
is pending”, others do not.

In theory, IME’s are intended to “clarify” very complex medical restrictions and
limitations which in turn decide disability. Social Security requires them, but sparingly.
Worker’s Compensation uses IME’s to determine a percentage of full-body disability in order
to gauge disability.

Therefore, it is important to remember IME physicians are not concerned with your
medical well being, and themselves have a clearly defined agenda and strategy to assist the
insurance company with what appears to be, credible, objective medical opinion contrary to
that of your primary care physician. You are not their patient. They have no legal right to offer
you opinions as to your future care.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#5
thanks so much for your input,I agree with you 1171
I feel like Iam an other casualty of failed back surgery!
I did get 4 opinions before the surgery,one of the doctors
I remember telling me that he would recomend a inplant
for morphine(pump) in my spine, said I had too much damage
5 herniated disks, he said he would not perform any surgery
since it would not be for my benefit
others doctors said it could help me..thats why I decided for it
BIG MISTAKE,my pain is worse then before surgery
and my medication intake is higher then ever..thanks again God bless you all!
 
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#6
If you are really unemployable and the doctor is not just trying make up for the poor result by exaggerating your disability, you should really consider keeping the open medical.
medical costs really escalate fast and as you get older a lot of unforeseen complications could make the medical award a literal "life saver" and worth far more then even a pessimistic estimate for a settlement today.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#7
thanks you for your help 1171
 
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#8
TEXAS
highdesert- I too have had the surgery and ended up worse-much worse. I've had 3 Dr.s tell me they are hard-pressed to come up with a legitimate life-long career for me. I have so much damage from Lumbar down that it is difficult too predict how much worse it will get. Sadly, there's a lot of evidence that it will get worse; what's unknown is at what rate. I was recently told from a 4th opinion pretty much the same thing everyone else is telling me: I need several levels of decompression and fusion. Even as I sit here typing this, I cannot ignore the burning sensations in my thighs, the pin/needles assaulting my low back, butt, feet, the shocking/stabbing pains running a circuit from my back to my feet over and over.

I wonder what I'll do. I've never faced such a challenge in my life and I'm still relatively young at 34. I'm a week away from statutory MMI and have only had one failed surgery. I've been told by 4 Dr.s that the surgery did absolutely anything positive for me. It may have been the breaking point of my other levels that were not part of the original injury.

Dr.s aren't always right. I think some try just enough to not feel guilty about a shoddy job. Or, they do it enough to win a lawsuit.
The tree of liberty should be refreshed from time to time with the blood of tyrants. We have three in office right now-obama, holder, and napo!
 
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#9
Be Well.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#10
Since the time you have had the surgery (laminectomy-discectomy), have you went and obtain a second medical opinion? Meaning after the surgery had been done...
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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