w/c taking the hard stand...

[bagpussinamerica]

Hi all,
Well, I finally have an attorney who is taking my case with regards to workers comp saying that my injury is not work related, but something from a pre-exisiting condition. They are saying that my pain and disability is directly a result of a Tarlovs cyst, and not a herniated disk....my surgeon is saying that the Tarlovs cyst was activated by herniation etc. Anyhow, I accidently came across a research foundation for Tarlovs cyst and contacted them. My reason was that w/c are sending all of my medical records to another of their doctors for another opinion...someone who is supposedily an expert in the field. The founder of the foundation called me today!!!! Just minutes after I emailed them asking questions. W/C claimed that my condition is genetic....the founder told me that Tarlovs is not genetic, or congenital...there is no medical or scientific literature to support w/c claim...she told me that since w/c put that in writing that my attorney should challange that straight off. She also gave me the name of a real expert in the field and suggested that I get him in on a telephone conference with my attorney, myself, and my surgeon. She also told me that these cysts can definately be caused by a fall, heavy lifting etc. And that there is medical proof of this. Which made me feel somewhat better. She also told me that there is no cure, no real medical intervention that might help long term, and that it was likely that I am looking at permanent disability. She did give me lots of valuble advice though.

I guess my next question here is this. If this cyst was caused by the accident at work.........and there is no further medical intervention apart from a pain clinic and I am permanently disabled.......how on earth does the AMA guide to impairment sort this one out? Apparently these cysts are so rare that I am wondering if the AMA even has anything that deals with this. Does anyone have any ideas?

[1171]

AMA guide don't so much look at the cause or diagnosis as the loss of function that results i.e. loss of motion, strength, etc.

[sparkey]

Bag,

Sounds like you are really doing your homework. High five for you. I think it is great. I did that also when I did not want a lawyer to drag my case out. I read and did everything possible to do it on my own. I really believe that it has alot to do with your adjuster and how things are approved etc. My first adjuster would never pay me on time, never approve things right away and this new one I have had for about 7 months now is the best!!!

I just called him the other day and he approved of me going to a new pain/rehab clinic and I told him my mileage from my doctor visit the other day and he was cutting the check as we speak. Keep up the good work.

[borninabarn]

Bag that is great!Digging for answers to help your case out.I think that will help you out alot with that information!Born

[oblivyous]

Hi, Just wondered if you had an MRI prior to your injury and were the cysts mentioned in your report. I have the Cysts as well. When i was researching , i read most people have the cysts . Unless they are thought to be problematic they wont be mentioned in the MRI report.

[Bummer Knees]

Hi Bag

I've had something similar happen to me.

The insurance companies sometimes do try and use anything they can without having the medical documentation to backup their actions in court.

I have a benign tumor of the T12 bone marrow, I didn't know it was there until my wc injury. I have an injury of the S1, L5, L4, lumbar spine, and bilateral knee injures.

Last time I was in court the attorney for the insurance company told the judge the tumor is the cause of the lumbar injury. In fact it is a different part of the spine.
I have questioned the spine surgeons if there is a connection between the T12 and lumbar area. More then one doctor have told me there is no connection.

The last doctor I saw said the insurance company is grasping for a reason not to pay.

[bagpussinamerica]

Oblivious,
When I spoke to the foundation yesterday, she said that a small number of people have the cysts, and an even smaller amount have symtomatic ones. The research I did said all sorts of things, like being born with them a possible. But nothing in medical or scientific research supports this. She also explained that a number of people have had MRI's and showed nothing.......and then later, after surgery or another accident, there it is. She told me that anything that can cause an increase in the spinal fluid, like a fall, heavy lifting car accidents, even surgery and epidurals, can cause the cyst to form. Why some people get them, and others not, is still being researched. Most doctors don't mention them when they are found because they don't have the information and experience enough to know what they are, etc. There are only four neurosurgeons in the US that are specilists in this area. The Tarlov Cyst is considered a rare disease, and now today is actually rare disease day, and most states have officially recognised this. Hopefully it will lend more funds for the research.

There really isn't much you can do with these things. Further surgery can make it much worse, epidurals for pain can too. And I was told to stay very clear of a spinal cord stimulator. For the most part I can no longer do anything that I was able to do before. No gardening, no lifting, can't sit for long, headaches that make me see lights!!!!, no driving, no housekeeping, I can walk, but for short distances. I do have loss of sensation down some of my left leg and beginning down the right. And constant bad back ache. Even my surgeon wanted the spinal cord stimulator.........so even he doens't know that much about them. The founder actually told me that if he knew they were there he should not have even done surgery as this could make things much worse. So there you are.

I am very lucky to have the best of the four willing to look at the case and support it. The founder was a nurse educator, and she developed the cysts. When she went to do research she found very little useful and scientific research out there...just lots of theories. She struggled with being told by her surgeon to accept that she was now totally disabled. She didn't want to quit her job, but in the end had to. That is why she decided to start the foundation.