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Career Ending Operation???

Another update

I was supposed to go to p/t tomorrow morning (Thurs 1/15/15) but the p/t place called me and had to cancel. The insurance company was supposed to call them inside of 48 hours when i had called earlier this week for either approval or denial of any more p/t. Since the insurance company did not call them, the p/t place had to cancel my time.

Now I will type up a quick note for my lawyer and drop it off tomorrow morning.
 
Dropped off the letter to the lawyer this morning explaining why no p/t since Jan 5th. They will get back to me, they always do. Till then, taking care of dad with his flu.
 
UPDATE:

The surgeon's office called me today. I will be going for my visit with him next week! Apparently they must have had a cancellation, as I was on that list. Now, I just gotta hope he is actually there that day, and NOT in surgery again. I also called the lawyer and told him of the update, as well as the NCM (nurse case manager). I have not been to anymore therapy since Jan 5th, and have been waiting for word as to what to do. But I still have that IME exam in February as well.
 
OK, and yet ANOTHER UPDATE!

Just got a call minutes ago. I have been approved for 4 more therapy sessions (2 x's a week for 2 weeks), but I cannot call them to set up times, as they are closed on Fridays, and Monday is a holiday, and they are closed on Tuesdays! so Wednesday of next week, my appointment for the surgeon is when I have to call the therapy place. (the lawyers office was who called me, they got a fax, the p/t place got a fax, the surgeon got a fax) and that the fax!
 
The therapy place called me a few minutes ago, which surprised me, that they were open on this holiday. I go back for 4 more sessions starting this Wednesday, then next week for 2, then the week after for one. I still have to go to the surgeons this Wednesday as well, then that IME in February. I would have gone in for therapy tomorrow (Tuesday) but they are closed Tuesday's and Friday's.
 
UPDATE:

Ok, went to the surgeon this afternoon. My appointment was for 2:45, but I am always early, so I got there at 2:30.

The Doctor did not get to see me until 3:10.


Ok...............


Good news is that he see's bone growth (fusing)


BAD NEWS

I have to be opened up again, or at the very least, I should say, I have to go under the knife again.

Apparently (and go way back to the x-rays I provided), I have what he said is the making of "scoliosis"? And as such, this is why I am still in pain, and cannot stand or walk for long. The scoliosis, is at the top of the previous operation.

Ok, so now he is going to have to be in talks with the workman's insurance company for this, to see if they will pay for this operation.

I came home, and just caught the lawyer's gal still in the office, and told her what I could. The law firm will get all the reports from the doctors office and will also be in talks with the insurance company.


This "new" operation, he told me he has to cut me on my left side, then insert a tool of sorts, and do something with the disk that is affected. I am not sure what he said he has to do, but removal did not seem what had to be done. I think he mentioned an "injection" of sorts into that disk?????

So there you have it, no 2 people can or will have the same problems with their backs. Each person is most certainly different, and not everyone can easily return to work in ship-shape.


I cannot say when I will "get word" on if and when THIS MIGHT take place, but I was told, I should be out the next day after this operation.
 
A glaring LESSON Boys and Girls, NEVER LIFT ANYTHING you do not need to lift regardless of what some "supervisor" suggests, requires, demands. Have he or she perform said task(s) and enjoy what benefits are awarded to said "supervisor".
When there is no person available to assist, such as, of course, the person that wants you to perform such task(s), find someone willing to help or do not undergo said task(s).
Some Back Injuries relegate the injured to be completely unable to ever again enjoy mobility, as in paralysis or its equivalent, so be aware.

pro1, I'm sure we are hoping your next "under the knife" trauma does not equal additional (short/long term) pain or render you to a wheelchair.
 
Cerberus_Kelpie said:
A glaring LESSON Boys and Girls, NEVER LIFT ANYTHING you do not need to lift regardless of what some "supervisor" suggests, requires, demands. Have he or she perform said task(s) and enjoy what benefits are awarded to said "supervisor".
When there is no person available to assist, such as, of course, the person that wants you to perform such task(s), find someone willing to help or do not undergo said task(s).
Some Back Injuries relegate the injured to be completely unable to ever again enjoy mobility, as in paralysis or its equivalent, so be aware.

pro1, I'm sure we are hoping your next "under the knife" trauma does not equal additional (short/long term) pain or render you to a wheelchair.
Click to expand...

problem with our work is that we make the deliveries at night, and we are by ourselves. the customer gives us electric pallet jacks with our loaded trailers. once at the site, there are fork lifts, however, those are beyond the "alarm line", which believe me, i have crossed that line so many times, the responding cops bring me a coffee.

The forklifts are not available to us because the customer says we are not certified. seems reasonable to us guys that they can teach us? it was the only one stop that i had, my first stop of the night where they do not have a proper loading dock plate, but rather a portable plate. the dock door is very narrow, compared to the width of the trailer door.

i had to slide the dock plate into position (one side at a time) to the edge of the floor, then i had to lift it up (one corner at a time), all of about 4" as to then be put into the trailer. removal of course, lift, and one corner at a time, place on floor, then slide back from door, close door, set alarm and go.

that fateful night was the last night my back was going to take that abuse. only after the injury, and by the way, all of about 1 month later? the safety guy comes up here to meet me at Concentra, to tell me that my benefits had ended, but of course the workman's comp was still in effect, and still is as of today. this is why one "should" get a lawyer when an injury happens, to have "protection" From the insurance company.

now yes, this next upcoming operation. of course i hadn't thought about landing in a wheelchair, so thanks for that. i can only hope all goes well on this one. What i found to be galling is at the therapy place. a "newbie" therapist, under supervision that was an intern, had said to me on one of my NUMEROUS complaints of continued pain, "you're in pain because maybe you just don't want to push yourself to get better".

i had tears in my eyes, how do you fake that? i had to have an x-ray which clearly showed a problem, how does one fake that? i have had a professional neurosurgeon say another operation will take care of this ongoing pain, how does one fake that?

as i may have said in my previous posting(update) i feel 1000% vindicated that i was NOT faking, lying or meandering, malingering, etc,etc.

now i sit and wait for the doctors office to call to set up this next operation. as i know i did say in my last update, the lawyer IS WELL AWARE as well to this new situation.

I still have the IME scheduled for February, i will call my lawyer one week before that (if my surgery is still not approved) to see if i still must go. my NCM (nurse case manger) called me this afternoon in fact, i really forget to call her after my appointment. she did not seem happy that another operation is ordered up. she asked me questions and i told her to call the doc's office and to talk to them, as too much "medical talk" took place after he said, "operation" and my mind went into another realm.

if by some chance i do end up in a wheel chair, will my CDL cover that type of vehicle???????

do i need another frigging endorsement??????
 
I've attempted some deliveries and when I discovered I was supposed to do some extra work and which I deemed TOO DANGEROUS TO MY HEALTH, I simply refused and either someone else appeared and did the work or I simply went back to where I parked my car and departed.

Sorry mate yet I would not have done what you did and would simply have left that scene.
I'm certain you are not the last person to be physically crippled due to that companies' lack of concern for the health of anyone.

I, on a repeated run, was to pull a trailer full of chemicals (haz mat) from Charlotte, NC, yet some spilled because of faulty packaging and I was told to get in trailer and clean up.
I entered trailer part way, became sickened from combined and STRONG odors, and stated on a phone call, forcefully, I will not re enter trailer, that YOU can do it and I will disconnect and go back to starting point (Raleigh, NC airport) which was about 150 miles.
The driver that was not licensed to haul haz-mat that pulled the trailer from Atlanta, GA., put on a haz-mat suit and unloaded the trailer.
That was the LAST trip I did for those folks.

Like parking areas, when I feel uncomfortable, I cease all attention and divert direction.

C.D.L. = Challenged Driver License, which actually is not a insult considering many C.D.L. holders are mentally and emotionally yet not physically challenged (crippled).
 
UPDATE:

I got a call from the Nurse Case Manager, (NCM), this past Thursday (Feb 5th) and she said that as of Wednesday (Feb 4th) the insurance company finally got all the doctor reports saying that i need a second operation. It has only been 2 weeks since i saw the surgeon, so why so long for them to send the reports? maybe too many "I's" to dot, and too many "Ts'" to cross, who knows.

I do suspect that with the snow storms and huge amounts of snow we got, that the doc's office very well may have been closed too.

The ncm told me that as soon as the insurance adjuster got the reports, she had immediately sent it over the medical review board????? maybe that means she sent it to the IME doctor as well, and i see him this upcoming Thursday.

as usual, as as i have been updating, still in pain, still cannot bend to touch my toes, still cannot twist, still cannot walk, sit, stand for long periods of time. i will be nearing the 1 year anniversary of this injury in April. and i know that i had compared my first spinal fusion of 2001, to this one, and i know i have been told, that a comparison cannot really be made due to age, surgical procedures, and such, but i still due, each and every day. after my very forst fusion operation back in 2001, i was back to work short time, and here it is now, nearly a year. I have gotten MANY opinions from other truckers here at my home town, that i have known for what seems like hundreds of years, and i have gotten many opinions from people that have had operations (again here in my hometown), and they all pretty much say, that "i am done", meaning i won't be going back to trucking, or ANY thing else, ever again.

well, maybe so, maybe not. if i were to not be able to go back to work, then so be it, i'll be "retired" once and for all.

it's all still a waiting game for me, what will the IME doc say, will the insurance company approve of this second operation, and if they refuse, the lawyer told me, don't worry about it, that is normal, they WILL PAY, but what will be the final out come of this next operation...?????

i never wanted for this to happen to me, and i would NEVER in a million years wish for anything like this to happen to my worst nightmare of an enemy.
 
UPDATE:

Ok, I had the IME this morning, and to get to the point, the IME doctor will not authorize any additional operation to my back.

So I called the lawyer right away, and also dropped off a type up set of notes from this morning's IME report.

He examined me, asked me some questions. The nurse had told me they got the surgeons reports, but the IME doc said he doesn't need to read them, then he said he didn't have them. the IME doctor had me walk, stand, walk on my toes, and walk on my heels, which i couldn't do very well, but he said, "OK"..???

so here i am still unable to sit, walk, or stand for very long periods of time, and still in pain, but a needed operation is denied?

Well, now the lawyer will do what he has to do i guess.
 
pro1driver said:
UPDATE:

Ok, I had the IME this morning, and to get to the point, the IME doctor will not authorize any additional operation to my back.

So I called the lawyer right away, and also dropped off a type up set of notes from this morning's IME report.

He examined me, asked me some questions. The nurse had told me they got the surgeons reports, but the IME doc said he doesn't need to read them, then he said he didn't have them. the IME doctor had me walk, stand, walk on my toes, and walk on my heels, which i couldn't do very well, but he said, "OK"..???

so here i am still unable to sit, walk, or stand for very long periods of time, and still in pain, but a needed operation is denied?

Well, now the lawyer will do what he has to do i guess.
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That's typical of IME doctors. They are only protecting Work Comp insurance companies interests while giving you no benefit of the doubt.
(Yah, he's sore and got a spinal fusion and that's that)
They don't care about the details of your injury, or the road map that led you to them. They are only concerned in getting a brief medical history and than applying the criteria needed to examine you. Did they get X-rays?

What did the IME doctor notice that made his/her decision go against surgery? Are they saying it's a different spine level? Degenerative and not related?
You also stated that NCM/Work Comp said you needed a second surgery? You have documentation on that? You think they will change their tune since the IME doctor has stuck a fork in your spokes?

As long as your doctor has solid detailed notes stating that you indeed need a secondary/revision surgery in that same area, than your most likely going to get it. If it's a different level not mentioned at all, things are going to get very tricky.

They would rather throw money little things first in trying to prevent the high cost of a second surgery.
You are the typical victim of money over medical procedure and you'll have to wait while Work comp/lawyers and your lawyer/doctors reports handles business in court. I think you get to see what your lawyer is made of now.

IMO, after all that you are going through with the healing, I think your career is done even before you get this next surgery.
You're back will be stable but you will still be fragile. If you get what I mean.

So what's now? Did Work Comp kill off any further Therapy sessions? If you are not released, I think something has to be done to continue to help with your pain management while they hash this out before you implode get even more deconditioned and cannot move anymore.
 
BTW: Your reply from Saturday never even showed up as an Alert for me. I never saw it until I actually looked for an update from you.
Good Luck.
 
Dockworker said:
That's typical of IME doctors. They are only protecting Work Comp insurance companies interests while giving you no benefit of the doubt.
(Yah, he's sore and got a spinal fusion and that's that)
They don't care about the details of your injury, or the road map that led you to them. They are only concerned in getting a brief medical history and than applying the criteria needed to examine you. Did they get X-rays?
Click to expand...
No x-rays that i am aware of, as my surgeon has the CD of them. If my surgeon forwarded all the reports to the insurance company, and they then forwarded them over to the IME doctor, like I was told by my ncm, then the IME doc had them days ago, and viewed them. he asked if i had been sent out for an MRI after the first operation, i said no.

What did the IME doctor notice that made his/her decision go against surgery? Are they saying it's a different spine level? Degenerative and not related?
You also stated that NCM/Work Comp said you needed a second surgery? You have documentation on that? You think they will change their tune since the IME doctor has stuck a fork in your spokes?
Click to expand...
not sure entirely what made the IME say he will not approve of the operation. he never said anything about degeneration, etc,etc. he asked me how much better am i since the operation, on a scale of 0 to 100 %? I shrugged my shoulders and said i don't know numbers, but i am not 100%, nor am i at 0, maybe 65-70%? and then not being able to bend, twist, stand, sit, walk for more than say about 10-15 mins tops.

The ncm was told by me at my last visit in January, that i was told by the surgeon i needed another operation.

As long as your doctor has solid detailed notes stating that you indeed need a secondary/revision surgery in that same area, than your most likely going to get it. If it's a different level not mentioned at all, things are going to get very tricky.
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it's pretty much at the same level, he needs to cut me on my left side, insert something, a device of some sort, into the disk(??) above the fusion, and here's what i do not recall, how he was going to make my back go straight again. I told the IME to read the reports (which he must have), as i cannot remember the exact name or procedure of the new operation. my lawyer had told me previously, if i am denied, i will get the operation, but how he does his job? he did tell me that he can and will, send me to HIS specialist. then he renders a decision, then he takes that to court, and let a judge decide, which doctor presented the better argument. (something like that)

They would rather throw money little things first in trying to prevent the high cost of a second surgery.
You are the typical victim of money over medical procedure and you'll have to wait while Work comp/lawyers and your lawyer/doctors reports handles business in court. I think you get to see what your lawyer is made of now.
Click to expand...
the IME nurse had asked me if i was in pain management, or had injections,chiropractor, blah, blah, blah. i said NO so many times, you'd think she heard me the first 27 times. I have been told injections only mask the pain, not cure the problem, and eventually, you get so used to the injections, they stop working, is it 'immuned" i am thinking about?

IMO, after all that you are going through with the healing, I think your career is done even before you get this next surgery.
You're back will be stable but you will still be fragile. If you get what I mean.
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when i was in the hospital and by sheer luck, another of my surgeons patients was across the hall. he actually knew of my mom and dad, as mom, dad, and he and how wife, go "dancing" . I think i had mentioned this in the first few of my posts weeks, and weeks ago. any how, this guy was once a manager, of guess what..?? a trucking company!!!

he told me way back then, truck driving..???? forgedaboudit, you're all done with that, get on full disability, which with your back, and now a second fusion, you'll be disabled for life. now add into this a 3rd operation. i have been told time after time, i'll be able to get on full disability from all of this. on the one side, that sounds good, get out, get disability for life. on the other side, how will i or do i enjoy all the things i like to do, like garden, work on the house, etc,etc?

So what's now? Did Work Comp kill off any further Therapy sessions? If you are not released, I think something has to be done to continue to help with your pain management while they hash this out before you implode get even more deconditioned and cannot move anymore
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as far as p/t is concerned, Monday Feb 16th, may be my last day. the p/t gal really wants me to continue so i stay in shape before this new (maybe temporally deleted) surgery takes place. i told her that you do what ever you have to do, she was supposed to call the ncm Wednesday after i left there. now that i think of it, i gotta call the ncm as well, but i will do this Friday (tomorrow), as i have been sick to my stomach since i got home. i kinda have the feeling Monday will be my last for a long, long time, or they will send me to the state rehab center??


and i am awaiting a phone call from my lawyer tonight, which is why i will call the ncm Friday morning. i wish not to be tied up talking with her and the lawyer is trying to call me.
 
Last edited:
Another quick update:

Lawyer called me, got both my messages. He said we need to wait for the written report from the IME doctor. Till then, sit back, take a deep breath and relax. He went on to say that this could very well go to court and get a court appointed IME for me, and compare notes. (I mentioned that earlier above). I just made the mistake in saying that the lawyer sends me to one of his specialists.

He went on to say that as a "lay person" we can only pretty much say how we feel but cannot always be spot on with our "numbers on the pain scale or healing scale". Only testing and not a "quickie" set of tests can help determine the disability, healing, or strengths of a person.

SO now I will have to wait for the report. Insurance company gets it first (of course, they paid for it), then the lawyer, then me.

Oh joy, i get to play "dress up" and go to court sometime soon, for a judge to tell me another doctor will examine me.

more later, or next time, which ever comes first............
 
pro1driver said:
Another quick update:

Lawyer called me, got both my messages. He said we need to wait for the written report from the IME doctor. Till then, sit back, take a deep breath and relax. He went on to say that this could very well go to court and get a court appointed IME for me, and compare notes. (I mentioned that earlier above). I just made the mistake in saying that the lawyer sends me to one of his specialists.

He went on to say that as a "lay person" we can only pretty much say how we feel but cannot always be spot on with our "numbers on the pain scale or healing scale". Only testing and not a "quickie" set of tests can help determine the disability, healing, or strengths of a person.

SO now I will have to wait for the report. Insurance company gets it first (of course, they paid for it), then the lawyer, then me.

Oh joy, i get to play "dress up" and go to court sometime soon, for a judge to tell me another doctor will examine me.

more later, or next time, which ever comes first............
Click to expand...

You have a long road ahead if they deny a second surgery and it goes to court. Going to court is not like one might think it to be (Big room, benches etc.) It might very well be in a smaller setting/room with your lawyer and yourself, work comp lawyer and a judge. I'm sure your lawyer will advise you not to elaborate too much as the evidence he will have in the form of paperwork will benefit you more than you can yapping about your pain. You're just there for a supporting role, they want to see what you look like and make fun of you in their minds. j/k
If everyone is on the same page and they are talking about the same exact injury needing a second surgery than I kind of doubt it will go to court, although stranger things have happened.
You might be needing an updated MRI or X-ray, a new IME like you stated and maybe an FCE which will determine your true range of movement strength and possible pain level associated with each test. An FCE is usually done way after surgery, if the healing process is taking too long and before you return to work.

Hopefully you don't need to go to court and can get that revision surgery soon.
 
Dockworker said:
You have a long road ahead if they deny a second surgery and it goes to court. Going to court is not like one might think it to be (Big room, benches etc.) It might very well be in a smaller setting/room with your lawyer and yourself, work comp lawyer and a judge. I'm sure your lawyer will advise you not to elaborate too much as the evidence he will have in the form of paperwork will benefit you more than you can yapping about your pain. You're just there for a supporting role, they want to see what you look like and make fun of you in their minds. j/k
If everyone is on the same page and they are talking about the same exact injury needing a second surgery than I kind of doubt it will go to court, although stranger things have happened.
You might be needing an updated MRI or X-ray, a new IME like you stated and maybe an FCE which will determine your true range of movement strength and possible pain level associated with each test. An FCE is usually done way after surgery, if the healing process is taking too long and before you return to work.

Hopefully you don't need to go to court and can get that revision surgery soon.
Click to expand...

Thanks, and like my previous posting, we have to wait for the reports to come in. Why the IME even told me right there and then i will not be gettting another operation is beyond my comprehension. I thought that he wasn't supposed to even talk to me beyond, "hello, do this, do that, good-bye". seems to me, in my opinion, he was way too open in his professional demeanor, and insurance company privacy rights.

like i said too, the lawyer will be my "mouth piece", in court, he is the pro at that.

but i will also like to add, that if ANYONE were to become injured on the job, NO MATTER what the job is that someone has/does, for crying out LOUD, get yourselves a lawyer!

you pay NOTHING for the lawyer, and his payment actually comes from him charging workers comp! then he does take a "commission" when you settle. tell you what too, with lawyers getting (on average) $500 per hour, the settlement they get for you, takes care of that "commission" (or whatever it is called), and you still make out ok with a nice lump sum.

and WHY NOT cash out when the time is right? if that money is there (and it is indeed, set aside for your claim), then it is owed to you, so take it.

many of us hate lawyers, so do i at times. But now, I CAN SEE, HOW I NEED PROTECTION from the insurance company AND those who are against me (at this time), in getting my back fixed.

if it were "up to" the insurance companies, they would give us a pill, and maybe $10.00 and say, "you're ok, go back to work"

''screw that philosophy, and attitude", and screw the insurance companies first, before they screw us.

The insurance companies are NOT IN BUSINESS to give away money, but to continually get it from us. all the while the CEO's of these insurance companies enjoy vacations in the Bahama's, getting there on their private jets, eating lobster 3 times a day, while we suffer, and live a long life in pain, agony and hardships.

every chance we get, we have to screw them too. this is why we need lawyers.
 
I agree. The injured worker might be ashamed or feel guilty in seeking out a competent Work Comp attorney because they are paying the bill, they feel that a settlement is not necessary and will get them terminated at work. NOT TRUE.
Because of tax free settlements, there are also cases where the employee gets hurt at home and comes to work and pretends it happened at work. Those abusers eventually get caught.

The lawyer is protecting your rights and entitlements under the law in your state regarding your work comp case, it's easy for work comp to cut corners and abuse you if you are not being represented.
Finding one that knows work comp law is the hardest part, once done, they will do the rest for you and all you have to do is provide updates to them.

Than you have the story where attorney's do not like going to trial. They would rather file your case, make sure you are being taken care of, let you heal and than settle. It's easy money that way and with word of mouth customers/coworkers going to them.
Going to Trial means digging for paperwork, massive amounts of time to prepare your case.
Some will even tell you that if you do not accept the "So called" negotiated settlement and decide to go to trial they can retract there offer and start negotiating from the low dollar point. If you win your case you can a bigger settlement.
Case in point: Work comp dangled a $78,000 carrot in front of an injured worker for a settlement. He snagged it right up. Had he gone to trial he would have been awarded $450,000 dollars.

You need a good rapport with your attorney and ask if things were to get rough would he be opposed to going to trial versus an easy settlement.

If your career ends you need to get what's entitled to you under the law. IMO, It's not freeloading at all.
 
From what I do know about my lawyer, he is in court nearly every day. I take it,he is not afraid to go there. he did explain the settlement situation to me. he said he starts high, and they bid low. i will say this too, and unless i heard wrong, in my state (as each state's w/c laws are different), let's "say" that my total claim is worth 150,000. ok, of that, I get my weekly checks. this money in already in a bank account for the insurance company, making interest for them.

now, when it comes time to "settle", i am only going to get the remainder of that $150,000. this is where he gets as much as possible. he has advised clients NOT to accept the first offer. but he has had clients "take the money and run", and they lose, because they didn't want to wait for the higher offer. he has clients refuse the settlement, in hopes of getting a bigger payout, but they lose, as when he tells them "this is good take it", they think they will get more, and never do.

i told him, do what you have to do for me.

so, frankly, i will not see more than the money "set aside" for my claim. that $450,000 claim? must be in a better state than mine.

by the way, i did say that i have x number of years to retire, and i get paid (say) $50,000 per year, don;t they add up those years and monies? he said no, they set aside money they think the claim will be worth, that's it, that's all. here in my state. all others are luckier than me.
 
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