Workers Comp Help
Workplace Back Injury
I don't even know where to start...injured at my job for Frito Lay in November 1998, had back surgery through my private insurance carrier in Feb 99, diagnosed with Failed Back Syndrome in 1999. My immediate supervisor did not take the proper channels in reporting my accident. Went back to work in April 1999, even though I was still in pain, but had used up my Short Term Disability Benefits. Was referred to Pain Management doctor, and am weary of the doses of painkillers I have been on ALL THE TIME since 1999.
I continued to work for Frito Lay until May 1, 2002 when the pain became so excruciating the only way to deal with it would have been to overdose on Oxycontin so that I could make it through my work day. Repeated MRIs show further or residual disc herniation, but the WC insurance carrier, RskCO, refuses to authorize the surgeon of MY choice, who is also on their MANAGED CARE list and website) and has been for two years! I had a trial morphine put in as a last resort option, but RskCO insists that I go to THEIR designated second opinion (a physician who has a "shady" reputation in the WC underground). I refuse to go to that doctor, and am legally entitled to a one time change of physician. They denied my request (I have a legal RIGHT), and are accusing me of "refusing treatment".
I have worked for Frito Lay for 14+ years with no history AT ALL of on the job injuries prior to this incident. I do have an attorney, but feel like we are caught up in a system that is unjust. They are wasting my time, their time, their money, our money (the judge has deemed the case compensable, but they have yet to pay me ANYTHING with the exception of two and a half years worth of mileage).
The attorney for RskCO repeatedly cancels scheduled depositions of the insurance adjuster. RskCO has even gone so far as to notify the Short Term Disability company (to which I've faithfully paid premiums to for 14 years) that the case is being handled by WC, and that I have refused treatment. We have had to fight tooth and nail for STD benefits. They put my claim on "HOLD". It is my suspicion that RskCO is trying to back us into a corner financially so that we have to accept their settlement when the time comes. I originally filed with Workers' Comp in June 2000, and as yet no resolution to the problem.
Bottom line is...we are not after a "settlement". It would be stupid of us to try to make a living off of WC when I am accustomed to making nearly $50000 a year! What I want is for my back to be fixed so that I can be pain free and have my life back (before I am financially ruined). I have my wife and three children who depend on me to provide.