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Lumbar disk herniation w possible Section 32 settlement
#1
Heres the summary of my whole journey through the workers compensation process up to this point. My date of injury was in April 2013 resulting in in a moderate sized lumbar herniation between L4-L5 vertebrae. I did not receive my first MRI until September 2013 where the herniation was identified as a moderate size size central dorsal protruding disc herniation with mild ventral thecal sac impingement resulting in spinal canal stenosis. I have been to physical therapy, been on pain medication, had received chiropractic care, and also undergone the standard set of 3 epidural steroid injection nerve blocks. I then followed up with the spine doctor in January and then again in May. Another MRI was done in June in which it indicated that the herniation is unchanged in size causing mild anterior thecal sac indentation and minimal foraminal encroachment, the spine doctor told me to keep undergoing conservative treatment and try to be as careful as possible. I then waited until August (I did not receive any treatment or therapy from last statement) in which I found a chiropractor which offered spinal decompression. I consulted high him discussing treatment options and he advised me to try traditional chiropractic care first and then if that didn't work we would see if the spinal decompression would be a viable option for my recovery (the cost op spinal decompression is high and requires many sessions). I then received a letter from comp carrier stating their interest into a possible Section 32 settlement towards the end of August. I wasn't entirely sure what it was so I discussed with my attorney and he advised me it is interest of the carrier to make a monetary settlement with me to close out reduced earnings future loss of wages and possibly medical. I then continued to go to the chiropractor until the end of October only seeing minimal results but I felt hopeless that my ailment would never improve so I have not returned since. I am now scheduled to consult with my spine doctor and I am still unsure if I want to opt for surgery as an option or if I should consult my chiropractor for possible spinal decompression. I'm open to can comments and suggestions thanks.
 
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#2
I'm not sure the choices exclude one another; I would think you could have surgery in the future if decompression therapy is ineffective.
there are different surgeries and therapies so it's unclear to me as to what each involves.

generally you would not want to settle your future medical benefits when there is an open question of serious surgery. they often are not as successful as some hope and you want the open medical coverage for that possibility.
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
I can relate to a lot of what you are going through. My injury which also happens to be a herniation at L4-L5 causing central canal stenosis.

You did not mention your symptoms although I'm sure there is a good deal of pain involved. My pain is most prevalent after standing 10 minutes and sitting relieves it a great deal, immediately. Because of this, I am opting for all the conservative treatment I can get. From what I have read surgery is better at relieving pain in the legs and not very good at solving back pain.

Sorry, I don't have any knowledge about decompression. Guess I'll have to start researching that for my own benefit. Wouldn't dream of closing medical at this stage.
 
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#4
I'm not sure if I should go the surgery route because of my age. I'm 22 the injury occurred when I was 20. I can't do many of the things I used to with out a large deal of pain and I'm pretty athletic and want to be able to play sports and workout normally again without everything locking up if I move the wrong way on accident.
 
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#5
(12-27-2014, 03:10 PM)Cowboys88 Wrote: I'm not sure if I should go the surgery route because of my age. I'm 22 the injury occurred when I was 20. I can't do many of the things I used to with out a large deal of pain and I'm pretty athletic and want to be able to play sports and workout normally again without everything locking up if I move the wrong way on accident.
It's very rare that you can take a time machine trip back to pre-injury days after any kind of serious injury----no matter how old you are.
Risk factors and prognosis vary considerably with each patient. An experienced surgeon can best evaluate your situation.
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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#6
Just curious what state you live in? I have the same injury but with the state my ex employer is in (KS) I am having issues getting treated by workers comp because of the Kansas "prevailing factor" law.
 
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#7
(12-28-2014, 03:50 AM)SUPERTRUCKER Wrote: Just curious what state you live in? I have the same injury but with the state my ex employer is in (KS) I am having issues getting treated by workers comp because of the Kansas "prevailing factor" law.

New York.
 
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#8
(12-28-2014, 03:50 AM)SUPERTRUCKER Wrote: Just curious what state you live in? I have the same injury but with the state my ex employer is in (KS) I am having issues getting treated by workers comp because of the Kansas "prevailing factor" law.

Since Kansas passed the prevailing factor thing... I think it's pretty routine for all insurance companies to make everyone prove it. It's probably not at all peculiar to your case. It wastes a TON of time for the injured to receive treatment. Not really fair. I think after it shakes out they may find it ends up costing them more in the long run. I know it has in my case.

 
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#9
a "hair splitting" standard like prevailing factor tends to force more litigation. the litigation problem resonates with more busnesses and conservative voters and will be leveraged to created more conservative legislation and politicians.
in my opinion it's all about keeping and growing a more conservative political base. wedge issues like "too many lawyers getting rich" attracts workers away from politicians working to improve worker benefits.
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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