Workers Comp Help
Herniated Disc While Lifting A Patient
I am a registered nurse and I injured my lower back at work while lifting a patient on Nov. 30th 1999. I filed my injury report right away...I had lower back pain with pain and tingling down my left leg. Also numbness in the last 2 toes of L foot. I had a herniated disk at L4-L5 in the past and I knew that this was serious.
I called my physician and was informed that he was not available to see me for some reason (can't remember if he was out of town). The WC rep at my hospital told me I had to see someone within 24 hours so I went to the doctor they suggested. He told me there was nothing wrong with me...it was probably muscular and I should have some physical therapy.
Week after week after week I reported to this doctor and insisted something really bad was wrong. I didn't feel that I was improving at all. He assured me that I was fine. Then I guess fate stepped in and this particular doctor was out of town and his associate asked why I hadn't had an MRI? I told him I had no idea, but I thought one might be in order. So, he ordered it.
By the time the test was done doctor #1 was back. He told me my MRI showed nothing....no disk herniations or anything. He didn't really seem pleased to find out that his associate ordered the MRI. He released me back to work. I was baffled, I KNEW something was wrong with me..I was in pain on a daily basis. Every day was a struggle.
Finally someone mentioned to me that I had the right to see my own doctor and wasn't bound to see this doctor that the WC rep suggested. The rep was VERY resistant, but confirmed that I had a choice. So, I went back to my original doctor who requested the films of my MRI. He told me the MRI showed a disc herniation at L3-L4 and I began a LONG course of conservative treatment.
The pain continued daily and then in April of 2000 I had a terrible flare up that rendered me unable to even walk without severe pain. I was placed on pain killers and prescribed PT again. I was out of work for approx 2 months before I was able to get up and once back to work, I switched to part time status as I was no longer able to endure the 8 or 12 hour shifts on my feet, not to mention lifting of patients anymore.
From June of 2000 thru March of 2001 I continued my conservative treatment that consisted of pain meds every single day. There was also PT, massages, traction and eventually 3 epidural injections, which had little effect on my pain. Every 4 to 6 months I would have a terrible flare up that would render me bed ridden for at least a month. Never a pain free day.....but I was officially back to work, so in April of 2001 I was declared to be at MMI. I wondered how this could be...nothing had changed, all of my treatments had failed me. How on earth could I be considered at MMI when I was still eating pain killers like candy, my right hip is jacked up a couple of inches higher than the left, and the "quality" of my life was crap?? Well, seems nobody was particularly interested in MY opinion. The MMI determination would stand.
But suddenly they were questioning the fact that doc #1 saw no disk and doc #2 did...so they called in doc #3. This doctor agreed with doc #2 and said doc #1 (the doc suggested by WC) must have missed the disk. Okay....so, this doc #3 clears things up and gives me an impairment rating of 12%. The insurance company rejects his assessment (and they are the ones who invited him to give an opinion!) and tells me to go and see doc #4.
I go and this doc gives me an impairment rating of 14%. In the end MY physician had no say in whether I had reached MMI or what my impairment rating should be. My case was finally settled and my impairment compensation began to arrive in the mail weekly. I am assured that I have life-time medical coverage on this particular injury...not to worry. If I had any further problems I would be taken care of. I continued to take pain medication on a daily basis and work part time.....pain every day, day in and day out. But I assumed it was as good as it got.
I recently had a terrible flare up on Jan. 10th 2002, that again rendered me unable to even walk. I crawled around for the first 2 days. I went to my doctor in terrible pain and got...MORE pain meds. He requested that I have another MRI to assess the disk. I just found out today that the insurance company has finally denied the request after nearly FOUR weeks!
I have been waiting, out of work and unable to even pick up my baby for 4 weeks only to find out I have no hope of getting the tests I need to determine the treatment necessary. They say that the MRI is not likely to show anything new and my doctor's treatment plan should be based on the last MRI. Now that I have reached MMI and my impairment rating has been set I have to wonder if I will ever receive this life-time medical coverage they assured me of.
I am very depressed. I have been in pain daily for over two years...think about it. It takes a terrible toll. I have gained weight, my marriage has suffered (I remarried) and I feel like a failure as a mother. Not to mention the many many times I have been out of work due to the flare ups. I feel like I have let my coworkers down as well. They have to carry the load when this happens. I have called my WC representative several times over the last 4 weeks and I have yet to hear back from her. It seems like nobody cares and I will be this way forever. I can only hope that the pain meds and rest will allow me to get up and return to work at least ONE day a week to help with the bills. If not, then what? I will lay here forever?
They are in NO hurry to help me now as they are no longer paying for my lost wages. This is evidenced by the fact that it took them FOUR weeks to deny the request for the MRI. When I was out of work in 2000 and they were paying me, the Ins. company literally faxed my doctor DAILY asking why I hadn't been sent back to work. And now.....nobody seems interested in returning my calls. I am alone.
I am going to speak with a lawyer tomorrow. Truthfully I have no idea if I have a case or not. But I just can't see the sense of basing my current treatment on an MRI that's over a year old. It's obvious that something has occurred and my status has changed. I guess time will tell...but how much time do I have before my husband is unable to carry this load on his own? I worry about the well being of my children. I worry about losing my home.
Thanks for letting me tell my story. It took quite awhile to compile it as it has been going on for over 2 years. I may not have been 100% accurate with dates and such....but I was very accurate in projecting the indifference I have encountered along the way. I feel kind of bad that I am submitting this because I have seen the stories of so many others that have been injured so much worse than I was. But, injuries aside, we are all alike in our frustration, depression and fears. None of us asked for this.