Workers Comp

huntingfor · 10-18-2002, 10:58 AM

Hi,I had replied to the "what else can I get from W/C" thread,but for some reason it didn't submit my post.
Any how I have a benefits review hearing in Jan,and somewhat intimidated
by this.My att. said they will take depositions from me and my doc,as he will as well.Can some one offer me some insight on all this.If at the benefits review we can not settle this then it goes to regular hearing.UGGG..

Also I have read about people getting orthopedic beds,how did you go about this? I have a portable tens,handicap parking permit,pain meds(lortab 10),anti-inflammitories,muscle relaxants.Mornings are the very tough times,due to poor support.Any ideas,words of comfort!!Thanks all.

davidc66 · 10-18-2002, 01:15 PM

Hey Looking. I would imaging that you would need a doc to say that you need assistance in sitting up and can't get comfy or have significant problems getting in and out of a flat bed. A bed that raise your head would facilitate this.

Just remember that the future medical care is what they want to get out of, and it's what you want.

In VA people on standard workman's comp, meaning non civil servant or maritime workers basically are capped with 2/3 of 10 years lost wages and lifetime medical. You don't have to settle, if your totally disabled and say paralyzed, the most responsibility they would have is to pay 2/3 pay for ten years and cover medical for life.

This in no way makes anyone rich. Unless there was negligence on the part of the employer there is no pain and suffering money in comp. Every state is different and the industrial commission should have sent you your program guidelines and restrictions. IF your able to work but at a lesser paying job they calculate 2/3 the difference in the pay cut you take for a set number of years.

So you have to decide if what you want is in line with what the industrial commission would award you. Are you willing to sell your future medical benefits, then you have to place a value on those beni's. When I had medical ins in addition to Medicaid that paid my scripts I could take the best meds and that ran about 3k a month.

Now that I have no script ins I have switched meds and reduced dosages to what I can afford, about 200 a month and that's too much. Living on Social security disability. I make to much money on SSD to qualify for any state assistance.

Are you disabled or do you expect to return to another line of work. Normally part of the settlement is that you leave your job due to future liability. I guess what I'm saying is that it's pointless to ask for more than the industrial commission will award you and they have a formula that you should be aware of as far as lost wages.

IF you opt for lifetime medical, and your totally disabled the best you can do is the industrial commission's formula for lost wages and lifetime medical if that's even an option in your state.

Be sure you have the ability to consult with other docs should you not get along with the comp doc. That's the bad part, dealing with comp docs that you know are looking out for the ins carriers interests.

What do you want? And How disabled are you? Just out of curiosity? The industrial commission is there so you don't get scr#$#$, IF you can afford to wait this out till that hearing you know you have more than your attorney on your side. Be aware they can cut off your lost wages for any reason and wait you out. They obviously have more time and money than you. You have recourse, an industrial commission hearing but unless you have another income in the home it gets rough fast. Good luck, David

huntingfor · 10-18-2002, 07:09 PM

Thanks David for replying:> )
My dx is severe DDD l3-4,l4-5,l5-s1,
HNP l4-5,and l5-s1 these are small herniations I am told.Also disc desiccation at l4-l5 and l5-s1.l5-s1 is the worst one and markedly collapsed.(Not sure what this one is).Patient has instability(some) with retolisthesis at l5-s1. I am refering to docs notes as I write this.I just got from GP,and I had him write me a script for water therepy.So I'll see if they will approve it.
Thanks

davidc66 · 10-19-2002, 02:21 PM

Hey Hunting, Have you had a laminectomy at L4-5 or S1, This can cause the retrolisthesis, the vertebrae moves from front to back during flexion and extension, this can occur naturally or a lami can cause the instability. When they remove the posterior spinus process you loose one of three joints that holds everything in place. That explains the movement from front to back of L5.

The only answer for instability is to do a fusion. There are so many variations on how to due a fusion though it's hard to say what the right way to do it is. But it sure sounds like you will be having surgery at some point unless you have an excellent PM doc that can manage your pain.

Are you neurologically intact, leg pain, foot drop, loss of reflexes, etc? With a report like that I would be leary of settling this too soon. If you need surgery it can mighty spendy. My last surgery , the surgeons fee alone was 32k for 11 hours. Good luck, David

huntingfor · 10-19-2002, 07:19 PM

Hi again David.
I forgot to ad that one good thing about KY W/C is that I have lifetime medical benefits.So if ten years from now I need the fusion,they have to pay for it.Also,Ky goes by AMA disability guidlines(% disabled) if A doc says I am 5% more disabled than I am right now,then I can reopen my case for the extra %.So if later on if I have a fusion,I am covered.My neuro says I remain neurologically intact,Most of my pain is in the hip/back area.Once in a while it goes down left leg.But I have noticed that if I twist,I can feel a pop in lower left back,it feels like something pops out and back in.Its somewhat painful any ideas?
Also,I have not had any surgery on my back.What do you think caused the restrolisthesis? Thanks