Has anyone

[usedup]

had their attorney tell them that their case was damaged by a depositon (neuro won't stand behind previous words) and offer to and get some sort of small settlement out of IC? Neuro has stated IW not MMI at this time. Would it benefit to wait till MMI? Any thoughts?[/b]

[1171]

benefit whom?
you're not assuming you and your attys best interest are the same are you?

[usedup]

Of course I meant to my benefit. My attorney says he "might" be able to get a small settlement of 5-10000. I owe that much in medical bills alone. My neuro says she can not state that my problems occurred from a work injury because of the 10 day time span till the pain was so severe I realized I had been injured (pulling a pt from stretcher to bed). I did not see neuro until 3mo.s after injury and then she told me it was not unusual for pain to show up some time later. Now she is killing my case. I was initially compensated for the injury then cut off. Attorney says neuro stated I had DDD (which was unknown) and even though I had never had any problems up to the DOI it is possible that something else caused the problems. I even have it in writing where she states that "even though there is underlying Deg spine disease , this only became symptomatic after an on the job injury. I would hold that her injury is responsible for her pain syndrome." Now she says she is not sure of that.

[1171]

can't predict the outcome.
how long until MMI?
who'll provide disability & medical in the meantime?
once at MMI will there be enough evidence to convince a judge that it's industrial?


buying out all liability - medical & disability - before MMI means there is a greater chance the settlement amount could be too much or not enough.

I suspect the atty sees more work on a case that has dropped in settlement value and therefor fee level.
If you don't want to pursue a reduced settlement now you should probably think about switching attys.
It could be difficult to find one willing to jump on board especially when the fee will be shared but it might be worth trying the market.

wish i could offer more.

[Tuffy]

Usedup
Is this Dr a WC Dr? what state are you in? I was also injured while pulling a very heavy pt up in bed with another RN, and my pain also did not show up untill a few days later when I woke up one morning and could not get out of bed. Went to Employee health Dr and he said it was DDD. After being treated with PT, muscle relaxers etc, and no better went to my PCP and he ordered a MRI and that is when the damage to my lower back was diagnosed.
Can you get a second opinion, as alot of WC Dr will first say it is DDD. protect yourself, as it is the only back you will ever have. Keep us posted, and good luck. stick up for yourself .
You should not even think of settlement untill you have reached MMI as your health comes first and fore most. Why do you have medical bills for your injury? Has your claim been denied by WC? Tuffy

[Tuffy]

Here in the state of Illinois and injured employee has 45 days to file or notify an employer of a WC injury. Either in writing ( injury report) or verbally.

[usedup]

Tuffy, your injury sounds just like mine. I was unable to get approval to go to DR because ER CM was out of town. I finally went on my own to my PCP, turns out he was WC Doc as well. ER CM approved tx x2 days later. TP (PCP) said he felt sure it was a herniated disc (did an xray said DDD) but wanted to treat conservatively at first, so PT, muscle relaxers, steroids, pain pills, no help. I was having numbness and pain to r hand/arm as well so he ordered a cervical MRI then a week later Lumbar ( both revealed herniations, bulging , tears). When tx did not help I was sent to neuro for opinion, sx candidate for lumbar area not cervical as yet. Requested pain mgt and EMG/NCS (all denied). Compensation had been approved for the injury. I was cut off 2/07 and have continued to decline. I had the EMG/NCS done on my own and found impinged nerve at L5-S1 with radiculopty, denervation, bilet sensorimotor polyneuropathy, mod to severe bilat carpal tunnle. Now depression. I was working 3-4 12 hour shifts a week and you know what that means to a floor nurse. I will never be able to perform that work again.
How are you doing now and where are you in your WC stuff? Hope all has been favorable to you.

[Tuffy]

Keep fighting......... Yes your injury is the same as mine L5-S1..... The hazards of the profession. I was terminated after being released to go back with restrictions. It was a year before they finally excepted my claim. Has been 3 years and I am now retired and settled my claim Just waiting for my check, but had to fight every step, It was a long battlle. There are others here that have been fighting much longer than I.

If the attorney you have is not willing to fight for your rights, then I agree with 1171, It is time to find a new attorney who will.

Do not let anyone talk you into settling before all your medical needs have been met and you are healed or your injury is as good as it is going to get. (MMI) Good Luck

[Bad Boy Bad Boy]

DDD is a symtom not a Diagonis. So you need to have you Neuro give you a proper Diagnois to the injury. Please do a web search on DDD being Diag, you will find this is true.

[nurse83]

guess i need to put my two cents in to feel worth something today

i don't know your age but the majority of americans over the age of 40 have some degree of DDD...........now here's the magic trick i find that i'm ROFLMAO at...................

chronic DDD, if present, can be as nice as can be but the minute you have an injury BOOM everything is a result of the pre-existing DDD......imagine that --the chronic DDD chooses the exact time you're injured to start giving you problems..............i'd call that magic wouldn't you?

if you are not at MMI i wouldn't think you should even think about settling............you may need to think about getting another attorney though!

you will find a lot of nurses on this site................and a lot of support and info from everyone, so welcome to the party, even though none of us want to be here we still have a good time..........check out the off topic side also............