I had a work related injury in 2006. Long story short, I had to have a two level (L4-S1) Anterior Lumbar Interbody Fusion with instrumentation in January 2007.
My doctor said I reached MMI in January 2008. The workers comp company my employer uses has been very fair to me so far. They have paid for all my care and have only questioned a couple of items.
I DO NOT have an attorney. By reading the KY Statutes, it seems that figuring a settlement amount is not that difficult based on the formula and spreadsheet the Dept. of Labor's spreadsheet uses. My issue now is that my surgeon can not tell me what my PPD rating is because W/C paid for the report. My W/C provider will not tell me either. From what I've read, a typical 2 level fusion should be around 22% PPD. But, I have another problem. As a result of the surgery, I now have ED that requires medication for my wife and I to be intimate. This NEVER was an issue before surgery. The surgeon, a Urologist and my PCP all agree that this was caused by the surgery. My guess is that W/C doesn't want to cover that in the PPD. They have been paying for the Viagra though. I do not blame the surgeon for this! It appears to be a vascular issue and may have been caused by moving all my intestines around in order to visualize my spine. My theory is like the old saying, "when life hands you a lemon, squeeze it and make lemonade". I can deal with it.
I am not lawsuit happy and have no desire at all to go after the surgeon. All I ask for is to get what the law says I'm entitled to get.
So, what is the consensus out there? I don't know what my PPD is, or how to compel either the surgeon or W/C to reaveal that info to me. Also, is the settlement amount the Dept. of Labor's spreadsheet list accurate and realistic?
Thanks in advance of any input!