Career Ending Operation???

Update: Feb 20th, 2015

I got a letter in the mail yesterday from the lawyer's office. Seems that I have to go to Workman's Comp court next month.

Surprisingly, it is not to fight the insurance company IME doctor's report, that day may still come however.

This court date (when I asked the lawyer's assistant) has to do with the scar on my back, which is all of about 8 to 9 inches long. The lawyer did tell me that one can get extra monies from a scar.

How much, who knows, I certainly do not, but the lawyer did mentions "a few thousand extra" for scars, when I spoke with him last month.

I really didn't think that the scarring issue would be brought up now, I thought towards the end, when it comes time to "cash out" and settle. But hey, this is why he get's the big bucks..

The last time we were supposed to go to court, the insurance company didn't show up, as the reason back then, was settled over the phone. Maybe this time, a phone call will settle this as well.



Now, regarding p/t. I am temporarily done, till I get a phone call from the p/t people saying to go back. The p/t gal who has been working with me, wants to do what is called a "maintenance therapy", keeping me up with any progress I have made, until my next operation.

the Nurse case manager (ncm) had tried calling them, the p/t place tried calling her. they have been playing phone tag, like many of us have to do from time to time, and it sucks, right?

So yesterday, unfortunately, when i got out of p/t at or about 10:30 AM, i had many errands to do. When I got home, i needed 2 of my pain killers. funny how p/t makes one worse than before you go there. the pain killers knocked me out for about 4 hours. when i woke up, i had laundry to do. all this time, i had forgotten to call the ncm.

probably about 4:00 PM i called the ncm, then it took a half hour for her to get back to me. then I called her back. all this wasted time. the p/t gal goes home at 5, and she is not there o Fridays. in fact, they are closed on Fridays.

i had failed to mention to the ncm why the p/t gal wanted to talk to her in my first call to her. I can not pass blame on anyone except myself, for not calling sooner. and when i woke up from my long nap, all i could think of was the laundry.

so now i'll have to wait till sometime next week, whether or not the p/t gal gets me back for this "maintenance therapy". If i get refused, you know dammed well, a call to the lawyers office will be made, and i'll let them all, "duke it out".

That's why he get's the big bucks.

Interesting info on the scar situation and work comp attorney's do have ways of finding loop holes and opportunities. I wonder if your going to have to model your back to the court. "Here we have a male, so and so years old with a 9 inch scar that looks like a hack saw was used on him" "We request that court grant us compensation in the amount of 500 for every inch and 250.00 for any scar tissue height in excess of 2 mm" "We also request 5000.00 for pain and suffering for when he has to look in the mirror at that Picasso"
Joking aside....You sure did hit a road block in terms of a steady therapy schedule. All this legal wrangling will definitely put a hold on some things.
I think your best bet would be to motivate yourself by doing some of those take home stretches you probably learned at Physical Therapy. This is for your own benefit so you won't start imploding and getting more and more deconditioned and nothing to do with your ability to return to your job since you stated you need a revision surgery.

Lawyer said that injured workers are eligible for compensation for scarring, no matter the location of said scars. How much compensation, I would not know. I would freely show them my back, as long as they don't mind the hairy back. Should I get a weave or braiding or corn rows, before i go to court??????

As far as any p/t at home, I do some, just not all, as I do not have anything in the way that the p/t place has. All i do have is an adjustable strap that i put on my foot, and stretch my legs. I do some push ups, while standing up against the wall.

as far as returning to work???????????????????????????????????

i cannot say for sure about that.

it could be many MORE months before i can, or can't. (i'd rather NOT say now what i am wishing for)

now if i get my back hair "treated to a do", and the issue of money for the scarring is taken care of over the phone, rather than in court, i'll be freaking pissed off.

still no word from the lawyers office regarding last weeks IME report. How long will it take for the reports to come? I dunno, except i will be THE LAST to know what will or will not take place. Go to court and make'em pay or just go to the hospital and git-it-done!

hey, as long as i am waiting, they still gotta pay me...........!!!!!!!

i suppose i could just get a wax job, may be cheaper than a "do"...........

Wax it so they can touch and feel the scar....maybe smell it, so put some cologne down the whole 8-9 inches. ewww.
You probably already know this but you will probably be observed/watched while you are out and about. (That's if your're not already)

IME should already be done, you are right. You will be the last to know and I don't think you get a copy. Your lawyer should be getting his copy to share with you. It can read like giberish, so looking for a site that talks about "impairment ratings" in your area should help decipher things.

Dockworker said:

Wax it so they can touch and feel the scar....maybe smell it, so put some cologne down the whole 8-9 inches. ewww.
You probably already know this but you will probably be observed/watched while you are out and about. (That's if your're not already)

IME should already be done, you are right. You will be the last to know and I don't think you get a copy. Your lawyer should be getting his copy to share with you. It can read like giberish, so looking for a site that talks about "impairment ratings" in your area should help decipher things.

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My lawyer did say that I too will get the IME report. As I had said in another posting, if the insurance company refuses to pay for this next operation, lawyer goes to court to get a court appointed IME doctor. Notes will be compared, judge makes decision as who to believe, first doc (insurance doc) or appointed doc.

Regarding spraying cologne on my waxed back, what do you suggest.? I really do not use anything but an occasional spritz of Aqua-Velva!

the bottle i have now, must have bought it back in 1998.

UPDATE, FEB 25th, 2015

I had to call the lawyers office, and tried to get directions to the Worker's Comp Court, for next week. I tried Google Earth, Map Quest, and Yahoo maps. Problem here is that he address is a Place/Plaza. So when I tried searching, it gave me a "street" instead, and thusly totally wrong. In fact, THEY ALL gave me my city hall as the address..!!!!!

The court in located in my "downtown" city area, an area I haven't any need to ever be at, and here it has maybe been all of 40 years(??) since my last time down there..????

If I have NO reason to be someplace, I nary (if ever) will go there.

So anyway, the lawyer's gal, gave me "points of reference" to find the court house. I went down there this morning, and found it. Like a trucker, she said, " at such and such a corner, there will be a Dunkin Donuts, with a red light"

Damn if she wasn't right......!!!!!!!

So at least now, I know where the W/C Court is.

On another note, I had asked if they got the IME report yet, she said no. It's been since Feb. 12th.

Then I told the lawyer's gal that I tried calling the NCM to contact the therapy place and she hasn't gotten back to me as of Friday. (This is to continue my therapy till my next operation). The lawyer's gal said to have the p/t place call the office, they WILL do some talking, and by-pass the NCM, going directly to the insurance adjuster.

That's about it, i think.

more later, or when updating time comes.

Pro1driver, Glenn, I tried to read as much as possible, and sure is nice seeing you here. Im not sure im allowed here, its been so long. I also remember Jeff here, he owns the site, and he is a great guy. There are a lot of drivers I used to chat with here, and not even sure if there still here.
Pro1, You are a GREAT friend back then, and I always kept it that way. I been driving now for 41 years and ready to call it quits at any time I feel.
Were getting up in years now, and I would like to do things, like go to places my wife and I always talk about, She will be 68 this year, and im not far behind. Pro1, Please stay in touch.

wargames-joshua said:

Pro1driver, Glenn, I tried to read as much as possible, and sure is nice seeing you here. Im not sure im allowed here, its been so long. I also remember Jeff here, he owns the site, and he is a great guy. There are a lot of drivers I used to chat with here, and not even sure if there still here.
Pro1, You are a GREAT friend back then, and I always kept it that way. I been driving now for 41 years and ready to call it quits at any time I feel.
Were getting up in years now, and I would like to do things, like go to places my wife and I always talk about, She will be 68 this year, and im not far behind. Pro1, Please stay in touch.

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Of course you are allowed in here.

wargames-joshua said:

Pro1driver, Glenn, I tried to read as much as possible, and sure is nice seeing you here. Im not sure im allowed here, its been so long. I also remember Jeff here, he owns the site, and he is a great guy. There are a lot of drivers I used to chat with here, and not even sure if there still here.
Pro1, You are a GREAT friend back then, and I always kept it that way. I been driving now for 41 years and ready to call it quits at any time I feel.
Were getting up in years now, and I would like to do things, like go to places my wife and I always talk about, She will be 68 this year, and im not far behind. Pro1, Please stay in touch.

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welcome back Matt(???)

so you say your wife is older than you....??

that makes her a cougar to your young self.....!!!

i hope you can keep pace with her........!!!


and yeah, many of us are up there in age, some get older gracefully, some break down. but i still have my good looks, and svelte body, even if i cannot do the "Twist" like i once used to...

ah, gone are my days of doing this...........!!




in due time, i will be using this....

UPDATE : MARCH 5th 2015

Got a call a few minutes ago from the p/t place. I was told that the insurance company has denied any more therapy.

I called the lawyer's office and left a voice mail for the gal there.


Second, I was supposed to go to the Workman's Court this morning, regarding payment for my scar. However, some circumstances have taken place here at home, as well as MORE snow, causing this to be pushed to another date.

and Thirdly, I haven't gotten a call from the NCM in a LOOONG time, and well, I could care less i suppose. She hasn't called me when I last left her a message regarding my therapy running out.

More updates as they come up.

pro1driver said:

UPDATE : MARCH 5th 2015

Got a call a few minutes ago from the p/t place. I was told that the insurance company has denied any more therapy.

I called the lawyer's office and left a voice mail for the gal there.


Second, I was supposed to go to the Workman's Court this morning, regarding payment for my scar. However, some circumstances have taken place here at home, as well as MORE snow, causing this to be pushed to another date.

and Thirdly, I haven't gotten a call from the NCM in a LOOONG time, and well, I could care less i suppose. She hasn't called me when I last left her a message regarding my therapy running out.

More updates as they come up.

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Looks like they temporarily closed the books on you for now. NCM is like that, shes in and out of your life for the benefit of the insurance company and not you. Since she is a traveling gypsy nurse they tend to never return phone calls unless they cannot get information on their own, in which case they call back.
Hopefully as she warmed up to you, you did not give her too much intel. She will be back (pun intended) Maybe a fresh new face.

Beside the scar issue, are you waiting for the courts to sort out the IME and revision surgery?

Dockworker said:

Looks like they temporarily closed the books on you for now. NCM is like that, shes in and out of your life for the benefit of the insurance company and not you. Since she is a traveling gypsy nurse they tend to never return phone calls unless they cannot get information on their own, in which case they call back.
Hopefully as she warmed up to you, you did not give her too much intel. She will be back (pun intended) Maybe a fresh new face.

Beside the scar issue, are you waiting for the courts to sort out the IME and revision surgery?

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Yes, still waiting for the IME report to come in. My lawyer's office told me the other day when I called about this new scarring issue court date, they still had no word about the IME report. But lawyer said we will go to court, to get a court IME doctor, go from there.

The insurance company, the ncm, and whom ever else may "temporarily close the books on me", but they still gotta send me my checks. So as far as I am concerned, here in RI, keep sending those checks for another 5 years, then I'll put in for SS. Hopefully even permanent/full disability at that. What i think the insurance company and ncm didn't "plan on", was me not getting better, and needing another surgical procedure, unlike perhaps some of the others they had to pay for over the years that in "due time" they are back to work quicker than I will ever be, if at all.....

Frankly, when I went to my very first p/t place (and was subsequently discharged due to lack of improvement) should have set off red flags and all sorts of alarms that my particular situation and injury was way too far involved in not only the healing process, but was/is severe enough to be continued MUCH longer, costing them tons of money.

as for me...??? you know what..??? this is what i have a "mouth-piece" (lawyer) for. I report to them, they get on the ass of the insurance company. I tire of all that I HAVE TO DO..??? Why should I..???

I keep "records" of phone calls i make, time, date, person spoken to or left a message for.

i keep "records" of my travel times to doctors, IMEs (still waiting by the way for reimbursement for that), miles and dates.

I am supposed to be the IME doctors "delivery boy" and take along x-rays, MRI's, etc,etc..??

this is where my lawyer said, "don't you DARE take anything with you, other then yourself and an ID, THAT'S ALL YOU NEED TO DELIVER.."...!

"if the IME doc wants that stuff...???? HE GET'S IT HIMSELF"!

I said to the lawyer, thank you!

Last year, came to about 450 miles for doctors, p/t visits, etc. My Accountant used that to get me reimbursed for some of my expenses, as the insurance company WILL NOT reimburse me, screw that shyte, I HAVE TO GO to these places, what, on my dime, when i got hurt on the job? screw that shyte, someone had better pay for my gasoline, wear and tear on my car, etc.

so here i sit, the insurance company has denied any more p/t, think i care..>??? (i ain't been to p/t since 2/19/15)

hell "effing" NO, this means that when (not if) i get my second operation, that it WILL TAKE even longer for me to recover with p/t, which i will have to start all over again......

do i do any p/t at home..??? hell "effing" no to that too.

pro1driver said:

Yes, still waiting for the IME report to come in. My lawyer's office told me the other day when I called about this new scarring issue court date, they still had no word about the IME report. But lawyer said we will go to court, to get a court IME doctor, go from there.

The insurance company, the ncm, and whom ever else may "temporarily close the books on me", but they still gotta send me my checks. So as far as I am concerned, here in RI, keep sending those checks for another 5 years, then I'll put in for SS. Hopefully even permanent/full disability at that. What i think the insurance company and ncm didn't "plan on", was me not getting better, and needing another surgical procedure, unlike perhaps some of the others they had to pay for over the years that in "due time" they are back to work quicker than I will ever be, if at all.....

Frankly, when I went to my very first p/t place (and was subsequently discharged due to lack of improvement) should have set off red flags and all sorts of alarms that my particular situation and injury was way too far involved in not only the healing process, but was/is severe enough to be continued MUCH longer, costing them tons of money.

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From a health standpoint it's a horrible situation to be in. Just find a way to stay limber.
From a monetary standpoint, you are right, the checks should keep coming.

as for me...??? you know what..??? this is what i have a "mouth-piece" (lawyer) for. I report to them, they get on the ass of the insurance company. I tire of all that I HAVE TO DO..??? Why should I..???

I keep "records" of phone calls i make, time, date, person spoken to or left a message for.

i keep "records" of my travel times to doctors, IMEs (still waiting by the way for reimbursement for that), miles and dates.

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That's awesome that you do that and can stay consistent. You never now when you will need to refer to them.

I am supposed to be the IME doctors "delivery boy" and take along x-rays, MRI's, etc,etc..??

this is where my lawyer said, "don't you DARE take anything with you, other then yourself and an ID, THAT'S ALL YOU NEED TO DELIVER.."...!

"if the IME doc wants that stuff...???? HE GET'S IT HIMSELF"!

I said to the lawyer, thank you!

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You did the right thing. Some people will come in with all their documents not knowing they are only helping the IME doctor discredit themself. If they want x-rays they do it themselves. MRI? The insurance company already has it. No way they will pay for one let alone the insurance company paying for another one. They just want to peek at it. Have they given you a google map check for mileage? They usually plug in your address and the IME address and pay you the mileage it shows.

Last year, came to about 450 miles for doctors, p/t visits, etc. My Accountant used that to get me reimbursed for some of my expenses, as the insurance company WILL NOT reimburse me, screw that shyte, I HAVE TO GO to these places, what, on my dime, when i got hurt on the job? screw that shyte, someone had better pay for my gasoline, wear and tear on my car, etc.

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That's a gray area and they usually feel your settlement will cover that.

so here i sit, the insurance company has denied any more p/t, think i care..>??? (i ain't been to p/t since 2/19/15)

hell "effing" NO, this means that when (not if) i get my second operation, that it WILL TAKE even longer for me to recover with p/t, which i will have to start all over again......

do i do any p/t at home..??? hell "effing" no to that too.

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Your situation is strange. Still waiting for the IME report? It should have already been ready for doctors and lawyers to read. If it states you do not need a revision surgery (Which your own doctor feels you do) you will have to sit it out and wait while the lawyers figure it out.
Have fun waiting it out while you get paid but continue to do your home exercises so you do not become sedentary. You will definitely have to start from ground zero if you need surgery. I don't think it will take any longer than a normal revision surgery takes. You will definitely have a full set of Physical Therapy sessions again, Go into Work conditioning/hardening program. An FCE before or after that program. Once you pass the baby steps of PT, the work conditioning/hardening sessions is what's going to help get you over the slump no matter if you can go back to your old job or not. It's the fact that you are seeing the light at the end of the tunnel in your road to recovery.

Dockworker said:

From a health standpoint it's a horrible situation to be in. Just find a way to stay limber.
From a monetary standpoint, you are right, the checks should keep coming.

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I "try to stay limber" by going up/down 3 flights of stairs, to go and do my laundry for instance. Hey like I say, stall me all you want, just keep them thar checks flowing.

That's awesome that you do that and can stay consistent. You never now when you will need to refer to them.

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most times, it's on a 3x5 pad paper.

You did the right thing. Some people will come in with all their documents not knowing they are only helping the IME doctor discredit themself. If they want x-rays they do it themselves. MRI? The insurance company already has it. No way they will pay for one let alone the insurance company paying for another one. They just want to peek at it. Have they given you a google map check for mileage? They usually plug in your address and the IME address and pay you the mileage it shows.

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The IME doctor asked me if i had been sent for post-op MRI, i said no. All i did have was a post-op x-ray, that my surgeon sent me for, and he's keeping that for the future operation.

That's a gray area and they usually feel your settlement will cover that

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well in the past, my accountant asked for doctor's visits, miles etc. this time was no different. I saw him jot down the total miles into some column on the tax form..

Your situation is strange. Still waiting for the IME report? It should have already been ready for doctors and lawyers to read. If it states you do not need a revision surgery (Which your own doctor feels you do) you will have to sit it out and wait while the lawyers figure it out.
Have fun waiting it out while you get paid but continue to do your home exercises so you do not become sedentary. You will definitely have to start from ground zero if you need surgery. I don't think it will take any longer than a normal revision surgery takes. You will definitely have a full set of Physical Therapy sessions again, Go into Work conditioning/hardening program. An FCE before or after that program. Once you pass the baby steps of PT, the work conditioning/hardening sessions is what's going to help get you over the slump no matter if you can go back to your old job or not. It's the fact that you are seeing the light at the end of the tunnel in your road to recovery.

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wasn't it you that said the insurance company has up to 30 days to respond? this may be what they are doing, stalling up till the 30th day..??? or maybe the lawyer DID get a copy and is in talks to get it done and does not want me to worry..so they are keeping quiet as well.........???????

i had already gone thru "baby steps", now to start at ground zero all over again, makes me feel like a 26 year trucking vet, going to work for a mega carrier at .20¢ per mile..........!!!!!!!!!!!!!!!!!!!

pro1driver said:

wasn't it you that said the insurance company has up to 30 days to respond? this may be what they are doing, stalling up till the 30th day..??? or maybe the lawyer DID get a copy and is in talks to get it done and does not want me to worry..so they are keeping quiet as well.........???????

i had already gone thru "baby steps", now to start at ground zero all over again, makes me feel like a 26 year trucking vet, going to work for a mega carrier at .20¢ per mile..........!!!!!!!!!!!!!!!!!!!

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I don't remember if I mentioned the 30 days. I'll probably start asking the same questions again. I know the findings can take a few days up to several weeks depending on the doctors work load. Let's hope that they are working on a solution to your back rather than a crafty way to discontinue further medical treatment/benefits/etc. After showing your x-ray and progress report here, I would be totally shocked if they said you were MMI. (Maximum Medical Improvement), disabled with no further treatment needed. In the end they are tossing money around and your lawyer will get you the surgery.

At this point it's an unbelievable situation you are in. Once you get the surgery and start moving forward again, things will look brighter for you.
Just remember as the checks come in during this down time, the increased possibility of you being on candid camera can happen. So wear bright reflective colors and show your pearly whites with a huge smile.

Dockworker said:

At this point it's an unbelievable situation you are in. Once you get the surgery and start moving forward again, things will look brighter for you.
Just remember as the checks come in during this down time, the increased possibility of you being on candid camera can happen. So wear bright reflective colors and show your pearly whites with a huge smile.

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Given that I have a pertinacity to break my filling in my molar, smiling will come real easy when that tooth gets yanked out.

I do have VERY bright speedo's, do you suppose i should walk around outside in those, even though my back hair is longer then the mane on a wild stallion..?????

pro1driver said:

Given that I have a pertinacity to break my filling in my molar, smiling will come real easy when that tooth gets yanked out.

I do have VERY bright speedo's, do you suppose i should walk around outside in those, even though my back hair is longer then the mane on a wild stallion..?????

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ONLY if doing so will HELP your situation, not hinder. It might help your other self, so why not give it a go.

UPDATE 03/14/2015:

About the only thing to update, is that the lawyers office called me yesterday. When I went to the IME about 3 weeks ago, I was supposed to get money for miles, since I drove my car there. The lawyer's gal had asked me, if I had gotten any check in the mail regarding this. I said, no, in fact I forgot about it. She said they will petition the court to make the insurance company pay me.

This Wednesday, I have an appointment at the W/C court for the scarring on my back. We had to cancel the first time, due to the severe weather, and my walking a long distance to get to the court house on the snowy/icy streets. The weather for this up coming week looks to be in the lower 40's, and maybe some rain the day before the court date.

By the way, the gal in the lawyers office said that I will be paid 85¢ per mile for the IME exam. Depending on how they calculate the miles, it'll still be under $10.00.

It ain't gonna make my checking account explode with lot's of money, but if I am supposed to get this, then I want it, and why not. Burning up my gas for the insurance company?? Uh, no.

I mentioned awhile back that you would get a check for miles to go to your IME. They have to compensate for anything that could be construed as an inconvenience.....and to get you to go. They never used to do that in some if not all areas.
Now that you are rich ...are you going to buy a new wardrobe? Get that speedboat you always wanted?
...another 999,990.00 and you will be a millionaire.

Dockworker said:

I mentioned awhile back that you would get a check for miles to go to your IME. They have to compensate for anything that could be construed as an inconvenience.....and to get you to go. They never used to do that in some if not all areas.
Now that you are rich ...are you going to buy a new wardrobe? Get that speedboat you always wanted?
...another 999,990.00 and you will be a millionaire.

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I'm gonna go down to the Starvation Army and get a new old pair of blue jeans, or should I say fade jeans???????