Next week I will have a hearing to address the question of apportionment and the question of permanency. I just had a meeting with my attorney and he concluded that I probably would be PPD marked to moderate. I was surprised when he told me that I would be expected to look for work in the light category. I asked him , who would hire a 55 year old ex-factory worker with four herniated discs in his neck? I have also undergone a FCE exam that concluded I was unable to return to my job because my current abilities do not match the demands of the job. I was classified as light to sedentary. I have a weight restriction of ten to twenty pounds.
I have had surgey and have a metal plate in my neck fusing two of my discs. Two other discs are still bad. I cannot stand for long periods, I cannot sit for long periods. According to one of the three IME reports I should not do any work involving repetitive motion using my arms above my waist and shoulders. I should also restrict movement of my neck from side to side and up and down.
In my present condition I am not an asset to any employer, I would be a liability. My condition will never improve. The only way to stop it from becoming worse is to eliminate the factors(manuel labor) that brought me to this point in time. My concern of returning to work is one of further injury and then of having to go through this whole crazy process again.
I worked for my employer for 23 years and I have no history of misconduct or defrauding insurance companies. Am I being unreasonable to think that I shouldn't be required to look for work?