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  1. #1
    Join Date
    Aug 2009

    Default Thanks A Lot

    I just found out that I have won a small victory in my WC case and I wanted to thank everyone who posts on this site. I may not post much, but I do read everything that is here. Without the information that you all share, I probably would have stopped fighting a while back.

    I injured my back on the job twice last summer. I was sent to an orthopedic doctor that treated me like I was not injured and in pain. He told me that I sprained my lumbar muscle and sent me back to work. When my employer did not have a position that met my restrictions, he changed them so they could find me one. I had a physical therapist who could not understand why I was not getting any better. Every recommendation the PT made to the doctor was ignored. He didn't want to give me any medication for pain, because he thought that I didn't need it. He made me feel like a junkie because I asked for pain meds. He eventually gave me the option of spinal epidurals which I thought were for my muscle spasms. On my first visit with this new doctor I was confused when he mentioned a bulging disc. I told him I knew nothing about a bulging disc. When I went back to my ortho doc, I asked him about it. He looked surprised and said he had to check my records. When he came back he was like it was just a "tiny" bulge and was not the cause of my back problems. I accepted that because he was the doctor and why wouldn't I trust the doctor? He told me that I was at MMI and ordered a FCE.
    I was so frustrated that I was not getting any better, and no one would listen to me when I told them that I could not do the job that my employer had for me(carrying and delivering metal parts in a factory) that I just stopped going to work. I knew that I was risking my case and my ttd payments, but at that point in time I didn't care anymore, I was tired and broken. I lost my job and eventually received the dreaded Form-24 in the mail with a stack of documents(medical records) trying to prove that I was indeed able to do the job.
    My attorney sent me to another ortho doc for an IME. I had to take him the films of my MRI and x-rays. After 2 hours with this doctor he showed me that not only did I have the "tiny" bulging disc, there was another one much larger that was pressing against nerves that led to weakness of my right foot and leg, and it also was pressing against a nerve that made it hard for me to hold my urine. I was totally shocked! I could not believe that the first ortho doc kept this info from me and every other medical professional that tried to help me. He even put in his notes that he was upset that the pain management doctor even said anything to me about the tiny bulge in the first place. I really hate being his patient. I wanted to tell him that I knew everything that he kept from me and every negative thing he wrote about me in my records, but I saw no point in doing that because he would probably just write more negative things about me. So I decided to let the other medical opinions and FCE speak for me. (The FCE was such a disaster that I didn't even come close to finishing it. The PT stopped it early on due to his safety concerns.)
    The IME concluded that I was not at MMI, that I could not be given a permanent rating, and that I was disabled from doing that job or even a mild job at the present time due to the bulging discs and muscle spasms. Apparently the NCIC agreed because they disaproved the request to stop my ttd payments.

    I know that I have a long way to go before this thing is over with, but this little win has given me the strength to hang in there a little longer. Now I am trying to get a new doctor because my ortho has released me and I still need medical care. Nothing has been done about my back even though other doctors have made their own recommendations for further care. He has even ignored the recommendations from the PT that gave me the FCE and they work in the same office! I really do not see the IC authorizing a new doctor so I'm guessing my fight continues.
    I wish everyone good luck on your recovery from your injuries and this whole entire process. I had to learn that no matter how bad things get, to keep going. People should not be mistreated in their pursuit to get their lives back to normal. God bless and thanks again for all of your support even though you didn't even know you were giving it.

  2. #2
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: Thanks Alot

    Unfortunately, I hear stories like yours almost every day from injured workers. Doctors like the one who ignored your disc are called "conservative" in workers' comp lingo. When we are being polite, anyway. Among ourselves we use a much uglier word that starts with a "wh" and is usually only used with regard to women in the oldest profession.

    Perhaps you should discuss this with your lawyer--- does it make sense for you to file a complaint with the NC Medical Board against the first back doc who ignored your disc problem? The Med Board may not do anything for a first complaint, but if they start stacking up, the Board will have to act.

    If people who are getting screwed by these insurance company doctors will take action to expose them, maybe they will stop doing what they do to injured workers. I can just about guess the name of your doctor from the description of what happened. That is how obvious they are.

    Talk to your lawyer about that idea.

    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
    Join Date
    Dec 2006

    Default Re: Thanks A Lot

    I'm Glad Your Feeling Better Fed-Up! This System of w/c, in just about Every State has around an 80% Success rate, and then there is the 20% of Us that have to Fight Like He** to get Things Done Correctly. That 80% would be a lot Lower, but many Injured Workers are either Bullied Back to Work or have Minor Injuries, that Heal Quickly. It's the Fighters They Sick Their Attorney's and Shaky IME Dr.'s On, and We have to Fight Them, and it's Usually Best to Retain Counsel that Deals in w/c when that Happens. My Attorney has been a God Send and has been by My Side All the Way! I'm Glad You've had a Win, just keep Yourself in that Win Category and Hopefully Things will End Well for You! Best of Luck on Your Journey!
    A Work Place Injury is a Very Hard and Painful Road. Learn as Much as You can about Your States Laws, and Remember, They have Lawyers, and so should You if You have a Complicated Case!! Best of Luck!

  4. #4
    Join Date
    Jul 2008

    Default Re: Thanks A Lot

    clark, Welcome and glad you posted. I know it took me a while to post also, but I read and read and realized I was not alone in this system.

    I glad you found this forum when you did, and it helped you get through a really rough spot. I know there are lots of rough spots in dealing with wc.

    Knowledge is power, and there is lots of knowledge on this forum. Lots of caring and understanding people... Welcome
    Never doubt that a small group of thoughtful, committed citizens can change the world...indeed...its the only thing that ever has - Author Margaret Mead

  5. #5
    Join Date
    Oct 2011
    north dakota

    Default Re: Thanks A Lot

    i am so thankful to read your post i had to move state and have an mri to prove what was wrong with my back i also have 2 buklged disc and di
    desiccation. i even cant control my bladder they keep denying it to my claim

  6. #6
    Join Date
    May 2010

    Default Re: Thanks A Lot

    God bless you, and take this win to heart. Know you are a fighter and they can never break your spirit. I get down some when I think about the things in life I will miss due to my new condition, but I keep finding new things to enjoy, that I know I never would have experienced if this had not happened. I can honestly say, thanks to the good Lord, I am still a happy, and optimistic person, I still enjoy life, I deal with the pain, and the restrictions, by counting my blessing. We are so blessed to be in this Country, WC may be broken, but at least it is there, and there are caring people in it, and fighters trying to fix it, and doctors who just want to help. There are places on this planet where there are not even doctors to help, or even treat injured people. Every morning is a blessing, and so many things I used to take for granted bring tears to my eyes now. Thank you, for you story, it brought tears of joys to my eyes this early morning. Have a wonderful day!
    Last edited by ladyvol; 02-09-2012 at 01:16 AM.


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