08-28-2014, 08:48 PM
Injured my back in September of 2013 in Kansas. After 12 weeks of treatment with medicines and physical therapy the Employer's doctor finally agreed to an MRI. During one of the last appointments prior to the MRI he was trying to convince me that my pain was the result of stress and depression. Said he "saw it all the time." I couldn't stand up after being on my feet for 10 minutes. The pain was unbearable. I could not work.
He told me that if the MRI showed a physical reason for the pain it would be easy because, then, they could fix it. But if the MRI was negative I needed to start thinking about psychiatric therapy and I might want to consider a different type of work. Warning bells went off in my head as I listened to him and that afternoon I started contacting attorneys. Found one that I liked and signed him up.
MRI showed DDD (I'm in my late fifties) along with an annular tear, disc bulge and disc herniation. My injury was a twisting lift of a 275 lb woman.
His progress report reads "Reviewed the results of her MRI in detail. She certainly has marked degenerative problems. I think this is responsible for most of her current symptoms even though she reminds me she was asymptomatic before her fall. (he doesn't even know how I got hurt) With the prevailing factor not being work-related, I recommend she follow up with her personal doctor as soon as possible to get some relief directed at these particular problems. For now, she will stay on the same restrictions and not plan to return here unless she is directed to do so by her employer.
The IC dropped me like a hot potato. Stopped my TTD payments. This was December of 2013.
I saw a physician on the advice of my attorney to get "evidence." Their attorney and my attorney finally agreed in April of 2014 that I would see a QME and we would accept his opinion as the final decision of "prevailing factor." It took their attorney a full 30 days to make the appointment for me. I finally saw the QME in July 2014 and he reported my injury was indeed work related.
Had a preliminary hearing August 19th and they agreed to start ttd payments from the date of the QME's examination forward but denied they owed me anything for the seven months I was off work proving to them prevailing factor. We also agreed on a treating physician. My question is how long am I going to have to wait until they make this appointment? I am in excruciating pain and I'm starving. How can this happen? Does all of this seem "normal?"
Sorry for the wordiness...
He told me that if the MRI showed a physical reason for the pain it would be easy because, then, they could fix it. But if the MRI was negative I needed to start thinking about psychiatric therapy and I might want to consider a different type of work. Warning bells went off in my head as I listened to him and that afternoon I started contacting attorneys. Found one that I liked and signed him up.
MRI showed DDD (I'm in my late fifties) along with an annular tear, disc bulge and disc herniation. My injury was a twisting lift of a 275 lb woman.
His progress report reads "Reviewed the results of her MRI in detail. She certainly has marked degenerative problems. I think this is responsible for most of her current symptoms even though she reminds me she was asymptomatic before her fall. (he doesn't even know how I got hurt) With the prevailing factor not being work-related, I recommend she follow up with her personal doctor as soon as possible to get some relief directed at these particular problems. For now, she will stay on the same restrictions and not plan to return here unless she is directed to do so by her employer.
The IC dropped me like a hot potato. Stopped my TTD payments. This was December of 2013.
I saw a physician on the advice of my attorney to get "evidence." Their attorney and my attorney finally agreed in April of 2014 that I would see a QME and we would accept his opinion as the final decision of "prevailing factor." It took their attorney a full 30 days to make the appointment for me. I finally saw the QME in July 2014 and he reported my injury was indeed work related.
Had a preliminary hearing August 19th and they agreed to start ttd payments from the date of the QME's examination forward but denied they owed me anything for the seven months I was off work proving to them prevailing factor. We also agreed on a treating physician. My question is how long am I going to have to wait until they make this appointment? I am in excruciating pain and I'm starving. How can this happen? Does all of this seem "normal?"
Sorry for the wordiness...