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  1. #1
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    347

    Default What if You Decline Surgery

    My workers compensation claim was made in the State of: Oregon. My question arises from a remark by SH. SH said it's rarely that someone won't eventually be able to return to work. ( teacher post) I need another fusion and I have trouble standing and walking. I was with one of my doctors and I remarked that I just need my back fixed and I can go back to work. He said somethings to the effect that people think all is well after a fusion but they cause problems after time etc( my first was good for 20 years). But one thing he asked was what if you get an infection? I have complications from high blood sugar due to my present inactivity. I indicated I'd be willing to risk it but what if I don't get surgery? Isn't the IC going to want return to work more than disability? I'm still waiting to see who covers my claim, original or new IC. So I have a lot of time to worry. I kept my lifetime medical but things have changed so much. Any insights? It seems precedent may have the new IC cover but I just don't know. My atty says they may just do his job for him when they fight it out. LOL but that we haven't won yet. Meanwhile, I'm waiting an extra long time with no TTD or PT. My doc says I'm in limbo.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: What if

    The ultimate goal in WC is a return to gainful employment... that doesn't mean your pre injury job, but even sedentary work if that's all you are capable of. Treatment is provided to a MMI status, not necessarily "fixed" or pre injury condition. You may be offered VR services if necessary.
    Many injuries, work related or otherwise, that become life altering conditions. Many many IW find it necessary to change their career paths post injury.

  3. #3
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    347

    Default Re: What if

    Thank you for the reply, I am using my time to try and control my blood sugars and brush up on some studies. I am really determined now to get my sugars under control. I used to walk all day on my job and it was so active I was not insulin resistant at all. Now I use mart carts, can't stand the thought of permanent hover round scooter for my future. Mart cart shopping is bad enough. I am grateful for them right now however.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: What if

    I think you've asked this before... IF the diabetes problem/flare up is casused by your work injury, and/or treatment to the injury requires the diabetes to be brought under control... it should be a compensable consequence to the org injury/claim.
    You need your Dr medical reasoning to support this, and could have to go to WC court to get treatment ordered by a judge.

  5. #5
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    347

    Default Re: What if

    I will BvIA, the doctor knows it is just that she knows that I also go to the Indian health clinic for diabetes treatment and she may not want to complicate things. Plus I'm still waiting for my hearing on denial for pre-existing condition and IME doc trying to say work did not cause injury he also said my prior fusion did not cause it. My ortho is adamant that it was because of prior fusion and stress transference. Atty brought in original IC and the fight drags on.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: What if You Decline Surgery

    it sounds like the dispute is more then over just which comp carrier is liable.
    otherwise one would be paying TTD and get reimbursed later from the other if the decision changed.
    only if there was a dispute as to whether the injury were industrial would benefits be withheld.

  7. #7
    Join Date
    Apr 2012
    Location
    Oregon
    Posts
    347

    Default Re: What if You Decline Surgery

    I'm not sure because I have not had a hearing yet. IC
    #1 had a typical bogus IME doctor who quickly denied any fault of ER,
    weight lifting at work or even prior fusion, claimed it was due to genetics and aging. Pretty bogus. My atty, after obtaining evidence from the
    Orthopedic surgeon, who is adamant on stress transference and original fusion being the reason, had my hearing postponed and the old IC given 60 days to respond to the claim on new vertebrae. Treating physician calls it, industrial disease, similar to carpal tunnel, he says.
    Last edited by Leslie; 06-12-2012 at 08:04 PM.

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