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Approaching my mmi after a 2 level acdf surgery and the nightmare has no end in sight
#1
This is my first time writing on this site. I have used this site in the past when my nightmare started and have gained helpful information from it. I am writing in hopes somebody can tell me what I'm up against because although I have a great attorney, he doesn't tell me hardly anything and is short with me on the phone. He does win cases and I guess that is what matters so no, I won't fire him.
I was injured in July of 2012 while unloading freight at a retail location. I was a truck driver. I was lifting a heavy tote when I felt a strain in my neck. I thought I "pulled a muscle". Two hours later both of my hands went numb. I reported the incident immediately. On the drive back to the warehouse I began to notice significant pain. I tried working another shift and barely made it through it. I went to urgent care immediately after my shift. The Dr. on call gave me muscle relaxers and splints and thought I may have carpal tunnel but referred me to a occupational Dr. at my same clinic. She thought I may have carpal tunnel also and wrote me out of work for a few weeks. Keep in mind my job required unloading up to 40,000 lbs of freight daily not including the weight of the empty totes I had to load back onto the trailer. I tried returning to work and I lasted 2 more shifts before the pain was so bad I could hardly drive back to the warehouse. The Dr. then ordered an EMG test. The test showed "unremarkable" results. The Dr then ordered an MRI. 2 days after the MRI I received a call from my hospitals neurosurgery department. I knew then something was wrong. They wouldn't tell me anything over the phone. When I went to the appointment the company nurse was waiting there in the waiting room for me. He was acting weird and I thought something was up. I previously allowed him in the occupational Dr's. office with me because I didn't know any better. I didn't have a lawyer yet either so I didn't know because this was all new to me. The neurosurgeons nurse refused him access to the Dr's office. I was then told I had a disc slipping into my spinal cord that was not only causing all the pain and numbness but was very dangerous. He told me to be careful with everything I do until I can get surgery. Right when my employer found out it wasn't carpal tunnel but a cervical injury they quit talking to me. They wouldn't answer phones or email. It was like they vanished. I retained a lawyer. I was almost immediately sent a letter from their company lawyer with a check for mileage and directions to attend a IME exam. I was a babe in the woods. I thought the IME Dr might actually help me. 30 days later I get a report from him saying the injury has nothing to do with my company and the condition is degenerative. He denied my numbness in my hands having anything to to with the cervical injury and rather is side effect of being diabetic. My diabetes is under total control and my A1c is always normal. I am a truck driver. If my diabetes was out of control I wouldn't be allowed to pass my yearly DOT physical. My weekly ttd checks stopped at once. I lasted about 5 months before I lost my house, snowmobile, boat and my dignity. I moved into my brothers basement where I'm still at a 1 1/2 later. My lawyer filed for a hearing and it took forever. 50 days after the hearing I received notice that I won the hearing and received my back payments of ttd. I was so excited thinking the ordeal was coming to a end and I could finally have my surgery! I was in pain that whole time with no pain meds and no health insurance because my company dropped me. I had other meds for health reasons that I had to do without because I couldn't afford them. I was screwed. When I was finally approved for surgery they had me do another MRI. The Dr called me in and said that due to the almost 1 year delay of surgery another disc had come out and was against my spinal cord. I had surgery scheduled and ready to go and the insurance company said they wouldn't pay for the surgery because the 2nd level isn't their concern. Again my surgery was put on hold. My lawyer finally got them to agree to pay for both levels and they could contest the 2nd level later if they wanted to. Well, they wanted to. I am 3 weeks from MMI right now and they are about to cut my ttd off. I have 10% coming for my impairment rating but I don't know when or how it works. My lawyer told me I'm not allowed to look for work yet. He said I'm jumping the gun. I have permanent restrictions that will be in effect mid November. He told me I have to give the employer I was injured at a chance to hire me back. My Dr told me I'm not allowed to drive truck anymore and I have a lifting restriction of 42lbs occasionally. If they cut my pay off again and I have to wait for another hearing to decided the 2nd level I'm gonna go off the deep end. I'm ready and able to return to the workforce. I can't do the heavy labor that I did before. This workers comp crap is for the birds. If anybody would've ever told me in 2012-2014 that if you get injured at work you will lose everything you own, I would've told them their crazy. I can't believe how workers are treated. I don't think I'm interested in re training because I don't want to have to wait for a hearing and go through court again to get it. I'm in my 40's and not getting any younger. I just want to find a job I can do. I'm sorry this was so long but I'm super frustrated and desperately want out of the grasp of this sickening workers comp system. It's a low quality of life and I feel like I'm wasting my life waiting on ttd checks and hearings.
 
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#2
depression often accompanies prolonged pain. ask your doctor for a referral for counseling. don't let it get so bad that you do "go off the deep end" ----with professional treatment you can get thru this. depression is common and if delt with quickly responds well to treatment.
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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#3
(10-21-2014, 09:20 PM)gopack4mvp2 Wrote: This is my first time writing on this site. I have used this site in the past when my nightmare started and have gained helpful information from it. I am writing in hopes somebody can tell me what I'm up against because although I have a great attorney, he doesn't tell me hardly anything and is short with me on the phone. He does win cases and I guess that is what matters so no, I won't fire him.
I was injured in July of 2012 while unloading freight at a retail location. I was a truck driver. I was lifting a heavy tote when I felt a strain in my neck. I thought I "pulled a muscle". Two hours later both of my hands went numb. I reported the incident immediately. On the drive back to the warehouse I began to notice significant pain. I tried working another shift and barely made it through it. I went to urgent care immediately after my shift. The Dr. on call gave me muscle relaxers and splints and thought I may have carpal tunnel but referred me to a occupational Dr. at my same clinic. She thought I may have carpal tunnel also and wrote me out of work for a few weeks. Keep in mind my job required unloading up to 40,000 lbs of freight daily not including the weight of the empty totes I had to load back onto the trailer. I tried returning to work and I lasted 2 more shifts before the pain was so bad I could hardly drive back to the warehouse. The Dr. then ordered an EMG test. The test showed "unremarkable" results. The Dr then ordered an MRI. 2 days after the MRI I received a call from my hospitals neurosurgery department. I knew then something was wrong. They wouldn't tell me anything over the phone. When I went to the appointment the company nurse was waiting there in the waiting room for me. He was acting weird and I thought something was up. I previously allowed him in the occupational Dr's. office with me because I didn't know any better. I didn't have a lawyer yet either so I didn't know because this was all new to me. The neurosurgeons nurse refused him access to the Dr's office. I was then told I had a disc slipping into my spinal cord that was not only causing all the pain and numbness but was very dangerous. He told me to be careful with everything I do until I can get surgery. Right when my employer found out it wasn't carpal tunnel but a cervical injury they quit talking to me. They wouldn't answer phones or email. It was like they vanished. I retained a lawyer. I was almost immediately sent a letter from their company lawyer with a check for mileage and directions to attend a IME exam. I was a babe in the woods. I thought the IME Dr might actually help me. 30 days later I get a report from him saying the injury has nothing to do with my company and the condition is degenerative. He denied my numbness in my hands having anything to to with the cervical injury and rather is side effect of being diabetic. My diabetes is under total control and my A1c is always normal. I am a truck driver. If my diabetes was out of control I wouldn't be allowed to pass my yearly DOT physical. My weekly ttd checks stopped at once. I lasted about 5 months before I lost my house, snowmobile, boat and my dignity. I moved into my brothers basement where I'm still at a 1 1/2 later. My lawyer filed for a hearing and it took forever. 50 days after the hearing I received notice that I won the hearing and received my back payments of ttd. I was so excited thinking the ordeal was coming to a end and I could finally have my surgery! I was in pain that whole time with no pain meds and no health insurance because my company dropped me. I had other meds for health reasons that I had to do without because I couldn't afford them. I was screwed. When I was finally approved for surgery they had me do another MRI. The Dr called me in and said that due to the almost 1 year delay of surgery another disc had come out and was against my spinal cord. I had surgery scheduled and ready to go and the insurance company said they wouldn't pay for the surgery because the 2nd level isn't their concern. Again my surgery was put on hold. My lawyer finally got them to agree to pay for both levels and they could contest the 2nd level later if they wanted to. Well, they wanted to. I am 3 weeks from MMI right now and they are about to cut my ttd off. I have 10% coming for my impairment rating but I don't know when or how it works. My lawyer told me I'm not allowed to look for work yet. He said I'm jumping the gun. I have permanent restrictions that will be in effect mid November. He told me I have to give the employer I was injured at a chance to hire me back. My Dr told me I'm not allowed to drive truck anymore and I have a lifting restriction of 42lbs occasionally. If they cut my pay off again and I have to wait for another hearing to decided the 2nd level I'm gonna go off the deep end. I'm ready and able to return to the workforce. I can't do the heavy labor that I did before. This workers comp crap is for the birds. If anybody would've ever told me in 2012-2014 that if you get injured at work you will lose everything you own, I would've told them their crazy. I can't believe how workers are treated. I don't think I'm interested in re training because I don't want to have to wait for a hearing and go through court again to get it. I'm in my 40's and not getting any younger. I just want to find a job I can do. I'm sorry this was so long but I'm super frustrated and desperately want out of the grasp of this sickening workers comp system. It's a low quality of life and I feel like I'm wasting my life waiting on ttd checks and hearings.
I am sorry to hear your story but it is so common among injured workers. Not sure what your political affiliation is but many blue collar rebups think WC will be their salvation if they are hard working and unfortunately get injured. Republican law makers who themselves would never need the comp system have made it so pro insurance\employer that its a major battle everytime someone makes a claim. Most all IW will get ternminated after a work injury, Most will be denied treatment without a fight and most will have the burden to prove they sustained a bonafied injury and the IC\ER\Repubs want it that way

 
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#4
Not true, vinga, how do you explain California's SB 863, that was done by Democrats, the truth is both Republicans and Democrats are responsible for work comp, its a money thing pure and simple.
 
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#5
(10-24-2014, 12:51 PM)kev_b Wrote: Not true, vinga, how do you explain California's SB 863, that was done by Democrats, the truth is both Republicans and Democrats are responsible for work comp, its a money thing pure and simple.
I agree, There is no political motivation here as I see it, only greed, and the almighty dollar

 
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#6


In general, the Democratic representatives are supposed to be more injured worker friendly. That is not always the case, but if you vote republican you will find your work comp laws will be more employer friendly. Ask your attorney's about this, and also what representatives support injured workers.Many have been very disappointed in California with how some of our Democrat representatives have screwed injured workers with current legislation, and vetoing legislation that is IW friendly.

Those representatives backed by Chamber of Commerce for example are usually backing employers.

There are elections in November. No matter what side of the fence you are on you should vote. If you cannot physically vote you can request a mail in form.

It is very important to vote. It is very important to review what these representatives stand for and if it is in line with your best interest. I am a Democrat but have no problem voting for another person in another party if it is in my best interest.

There is an important proposition in California up for vote in November, prop 46. This will increase the cap for medical malpractice, and also give random drug testing's for doctors. This cap on medical malpractice was placed in the 70's and out of date $250,000.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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