lower back injury

[rizen1]

I'm a 30 year old male who lives in Kansas. I got a back injury from a slip and fall at work on oct 23rd 2010. I had xrays, an MRI, and catscans, showing mild disc dessication in my L4/L5 & L5/S1, I also have bulging disc material in my L4/L5, and an annular tear in my L5/S1. Since then i have been on sedentary work only and obtained the services of an attorney (who isn't very helpful). The w/c doc i saw said that i should do physical therapy and he probably wouldnt do any interventional procedures if physical therapy does not help. I was also told that i had a positive Waddell Test. I was receiving checks for TTD up until Dec. 6th when i was told that i refused work and the checks have stopped coming. My employer only offered light duty work and i did not want to violate dr's orders of "Sedentary work only", so i did not go back to serving, instead i became a "seated host" for the time being. My questions are 1: Why hasn't my attorney gotten those checks back to me since i only refused "unaccommodating" work? 2: Is it normal to get epidural injections if pain is consistant since the injury? 3: Why hasnt the dr offered me this as an option? 4: should i go get an opinion from a dr of my choosing? 5:Is it common practice to not do surgery for an injury of this sort? 6:what does a positive Waddell test mean to me? 7: finally, is it normal for a w/c attorney to be so passive? Sorry so long, Thanks in advance for any helpful information.

[highdesertguy]

(12-23-2010 01:17 PM)rizen1 Wrote:  I'm a 30 year old male who lives in Kansas. I got a back injury from a slip and fall at work on oct 23rd 2010. I had xrays, an MRI, and catscans, showing mild disc dessication in my L4/L5 & L5/S1, I also have bulging disc material in my L4/L5, and an annular tear in my L5/S1. Since then i have been on sedentary work only and obtained the services of an attorney (who isn't very helpful). The w/c doc i saw said that i should do physical therapy and he probably wouldnt do any interventional procedures if physical therapy does not help. I was also told that i had a positive Waddell Test. I was receiving checks for TTD up until Dec. 6th when i was told that i refused work and the checks have stopped coming. My employer only offered light duty work and i did not want to violate dr's orders of "Sedentary work only", so i did not go back to serving, instead i became a "seated host" for the time being. My questions are 1: Why hasn't my attorney gotten those checks back to me since i only refused "unaccommodating" work? 2: Is it normal to get epidural injections if pain is consistant since the injury? 3: Why hasnt the dr offered me this as an option? 4: should i go get an opinion from a dr of my choosing? 5:Is it common practice to not do surgery for an injury of this sort? 6:what does a positive Waddell test mean to me? 7: finally, is it normal for a w/c attorney to be so passive? Sorry so long, Thanks in advance for any helpful information.

I had a work accident lifting something heavy in 2008
I have herniated discs.L3-L4-L5- SI.I was treated with medication for about 2 months, then I had 3 epidural injections.
had temporary relief from them(3 weeks)
I ended up having physical therapy, wich only made pain worst.
and the last thing I had was A laminectomy-discetomy, 3 levels.
my pain is WORST,Iam due for a 3 level spinal fussion now.
the WC system is pain the ,,,,s, it takes time
you will need patience my friend, your atty will have to file an appeal
and this could take months before you get an answer about your checks......I wish you the best, be well!

[1171]

2 weeks is not a long time to reverse the carriers decision and get $$ in your pocket especially during the holidays if your atty has to schedule a court date and round up evidence in your favor.
most things in the legal system take a relatively long time to accomplish.
sounds like you need discussions with your atty and doctors. if they aren't accommodating then by all means consider switching or getting a second opinion.

[jayne]

2 weeks isnt a long time for the decision unless you are the injured worker then its a long time..however 1171 is right it could be months before you see a dime....once they stopped mine I didnt see another dime till settlement a year later...

[breeze56]

get ready to get hosed my friend! This system is so crooked we don't have a chance in hell.They all are involved together,they all probley had lunch together today.I have lost all faith in the system,and the rich are going to get richer and the real people of this world will suffer.

[bronco54501]

(12-23-2010 01:17 PM)rizen1 Wrote:  I'm a 30 year old male who lives in Kansas. I got a back injury from a slip and fall at work on oct 23rd 2010. I had xrays, an MRI, and catscans, showing mild disc dessication in my L4/L5 & L5/S1, I also have bulging disc material in my L4/L5, and an annular tear in my L5/S1. Since then i have been on sedentary work only and obtained the services of an attorney (who isn't very helpful). The w/c doc i saw said that i should do physical therapy and he probably wouldnt do any interventional procedures if physical therapy does not help. I was also told that i had a positive Waddell Test. I was receiving checks for TTD up until Dec. 6th when i was told that i refused work and the checks have stopped coming. My employer only offered light duty work and i did not want to violate dr's orders of "Sedentary work only", so i did not go back to serving, instead i became a "seated host" for the time being. My questions are 1: Why hasn't my attorney gotten those checks back to me since i only refused "unaccommodating" work? 2: Is it normal to get epidural injections if pain is consistant since the injury? 3: Why hasnt the dr offered me this as an option? 4: should i go get an opinion from a dr of my choosing? 5:Is it common practice to not do surgery for an injury of this sort? 6:what does a positive Waddell test mean to me? 7: finally, is it normal for a w/c attorney to be so passive? Sorry so long, Thanks in advance for any helpful information.

First off I want to say sorry for your pain, and sorry you entered the world of wc and a injured worker... Some do get the short end of the stick and there are some that fly right through... Its a shame that the holidays are here because it will just delay longer...
When you say you became a " seated host " is this with the same employer........?

[Bummer Knees]

Welcome to the forum!

I'm also an injured worker from Kansas, and live in the Wichita area.

I was injured in 2005, bilateral knees, lumbar spine and carpal tunnel.

1. Does your attorney know your checks have stopped? He may need to reschedule a court date to get the checks restarted, has he scheduled a court date?
In the Wichita it takes 6-8 weeks for a court date once it is scheduled.
2. The decision for injections is up to the treating work comp doctor. Doctors do try the least invasive forms of treatment first before considering surgery.
3. Talk to your doctor and ask to try the injections.
4. My primary doctor gives his opinion on treatment for my work comp injuries, and I have paid out of my pocket to go to a doctor of my choice for a 2nd opinion.
5. The neurosurgeon I see for my lumbar injury tells me many times surgery makes the pain & injury worse.
If my lumbar spine becomes unstable he will then consider surgery.
6. http://www.fpnotebook.com/Ortho/Exam/WdlsTst.htm
7. You need to communicate with your attorney and tell them what you want. I contact my attorney by e-mail, it is an easy way to get answers when I need them.

I would suggest doing a search and learn about the Kansas work comp laws.

[Manley2]

First I'm sorry you were injuried and even more sorry they are starting to give you a hard time. Once that happens it's not an easy road. It took 2 years to get my TTD checks started so to warn you like others have it's not a fast system we have to work with. Hope yours works out better but one thing to do is get with your lawyer because you need to be able to talk with him and have him work for you. Sometimes we think they are not so remember nothing happens over night. The other thing I want you to understand is never think that surgery will make you better, even if the doctor says it will. It could help you and it could make you worse. Any doctor will try several things short of cutting you because it's hard to say what will work for you but once they cut thats it. Back surgery I think has a low rate of really helping. Please do your homework and learn everything you can. And try to find a good doctor. Good luck

[rizen1]

Thanks for your info, i am a "seated host" with the same employer. He was very reluctant to offer me any sedentary position, but yet he told work comp that he had work and i refused. So i guess i just try to stay patient and try to keep positive. My attorney does know my checks have stopped, and im not sure if he has requested a court date or not. I have been trying to contact my attorney by e-mail, but i havent gotten much of a response other than. "do what work comp tells u to do."