Is there a chance?

[Charlie]

I had back surgery in 1995 for L-4, L-5 & S-1 (discetomy/discetomy/Micro). I then went back to work after being taught how to walk again and that took 2 1/2 years counting the sports therapy to be able to function again as well. Then 2003 came around and I had re-injured my back L-5 & S-1 (discetomy/Micro/Lam). I went through PT but only had heat and electric stimuli on the back, no workouts or such. I was never granted to go to my own personal choice doctor and was told by their doctor that everything was all in my head. I hired an attorney then and they didn't help on anything (story to follow). I wasn't even able to get the proper treatment till I got an attorney as the NS found out I was on a L&I case and said sadly you have to wait but I may have a solution in two days so come back and tell me there is no change etc.... Well the NS found the loophole to use and this pissed off the work along with the L&I Doc but was out of their hands now. I then received a letter to return to work with the modified duties as an office janitor as they wanted to comply to not pay out anymore. I did this while I was still in treatment and that only lasted about a month or less. Now that I was released back to work but the case wasn't closed my attorney then closed my case without my knowledge. Then a few days later they (the company) moved me from office back to the factory floor doing excessive bending and lifting ( I was never released to do this by a doc but since the attorney dropped my case and the company knew this and not me). While not knowing my case was closed by my attorney I went in one day to complain about aggravation on my back due to the newer job. They said they were in compliant to what they released to the job description. I replied to them that no I am doing heavy lifting now along with excessive bending and that I wasn't released yet to do this type of work. They took me to the ER to get a UA cause I complained and then went to their office and was told to see their doctor again only to be told it was all in my head. The docs appointment was the next day as they were unable to see me that day. I went the next day according to the schedule only to be told I am fine and it is all in my head and then went home to change clothes to go tell the company what they wanted to hear it was my fault and such. Prior to leaving I got a letter in the mail from them the same next day I had the docs appointment stating that I was complaining and that I voluntarily quit. They have private insurance to let you know. I then went to my attorney to disclose this info and it was then when I found out that the attorney closed my case and didn't tell me anything not even a letter in the mail till one month later. My attorney also said that I walked off the job and therefor I am entitled to nothing plus the info I gave them was a case of he said/she said and that I needed to seek out a civil attorney. I blew this all off thinking I was fine and been trying to get work since 5/2004 to no avail. I am currently working on getting SSDI as every job I have applied told me the same thing "Due to my restrictions they can not hire me" McD's even told me this. I have now as of 3/2009 tried to reopen the claim and tried to appeal it to get denied. My current SSDI attorney is also a L&I attorney too. They told me it will be tricky because of the letter I received that I quit but it will get reopened. Question now is that I have filed an appeal to them saying I am fine and got denied and was told if I didn't approve of the judgment that I can appeal. Appeal again? Anyhow I was wondering your thoughts & opinions over the gist of my story. My attorney knows I didn't walk out or quit since I had a prior L&I she knows that if I did that I lose everything. She also thinks I was not treated accordingly either and my attorney knows that the L&I doc indeed works for the company that I did at that time and still does and knows all to well the horror stories that follow. I was abused by her as well by her telling me I am not hurt and that it was all in my head and if it wasn't for me hiring an attorney that I still would be waiting for surgery which she said she would of never approved of.

I am waiting to hear from my new attorney right now via phone call over this but wondering is this common to find? My first was about as bad but not to this extreme. I understand they don't want to pay a pension or pay for anymore treatment needed. Is this the companies way to prolong the time and get to the 7 year mark as if my case isn't open then it is permanently over after 7 years if I understand right. In case it is needed to be known I live in Washington State and this is where the injury of 2003 occurred.

[Smithc]

Hi Charlie,

What a pain, literally. Let us know what your new lawyers says. How could you old lawyer have closed your case w/out your consent? Doesn't sound right to me.

Sorry I don't have experience w/this type of lawsuit. My guess it will takes ages to resolve.

[Charlie]

Thanks and yes as you see I am working on SSDI as well to add the headaches. I hope it doesn't take ages but that sounds like my life right now as well. Will keep you posted. I thought I had to sign a consent to close more less too?

[Charlie]

Well I got my IME & MRI Reports and they state the following.

Have diminished sensation from the hips to the knees which may medially parallel to the L-5 nerve root. He is unable to supine. He is unable to dorsiflex or plantarflex his ankle motors. There is residual L-5 - S-1 Disc Bulging and an enhanced scar showing epidural fibrosis. Disc bulging at T-8 - T-9 (never was there before). And of course the DDD although the company physician says minimal. This is expected to be said/heard.

L-3 to L-4 : There is congenital narrowing of the spine. Some Facet arthropathy

L-4 to L-5 : There is some , broad-base disc bulging, disc desiccation, Some Facet arthropathy, mild stenosis at the central canal, narrowing at the lateral recess without significant stenosis.

L-5 to S-1 : There is significant disc height loss, degenerative disc signal changes. There is broad-based disc bulging favoring the left side as well areas of epidural scaring tissue on the left central canal. There is mild root nerve courses through the area of the scaring at the left lateral recess. Facet arthropathy is present. There is mild disc bulging impinging upon the anterior thecal sac. There is also disc hieght loss and disc bulging to the foramina bilateral causing narrowing of the right neural foramen. There is scar formation contributing to at least a moderate degree of the left foraminal stenosis.

Bony Anatomy : There is intact alignment. There is moderate disc hieght loss at L-5 - S-1 associated to discogenic reative bone marrow signal change. There is a left Hemilaminotomy defect at L-5. <----This has me a bit concerned too.

There is a bit more but now too tired to type right now. Most of it sums up what's been said already. They also concluded that my pain is more focused on psychosocial now as well, but go figure not being a IME specialist of my choice of course.

I did hear from my attorney today and she suggested that I ask the Doc about a Opiat (Igueess that's what it is called?)Contract to get stronger meds.

[sandi1016]

Have diminished sensation from the hips to the knees which may medially parallel to the L-5 nerve root. He is unable to supine. He is unable to dorsiflex or plantarflex his ankle motors. There is residual L-5 - S-1 Disc Bulging and an enhanced scar showing epidural fibrosis. Disc bulging at T-8 - T-9 (never was there before). And of course the DDD although the company physician says minimal. This is expected to be said/heard.
This means that you have lost some sensation along the L5 nerve root dermatome. A dermatome is an area of your body that the spinal nerve of L5 gives sensation to or motor control. Dorsiflexion and plantar flexion are the ability to move your foot or feet up or down and hold them in that position. You also have scar tissue from your previous surgery ( it appears) , and a bulging disc. You also have Degenerative disc disease, which is not really a disease, but a drying out of the discs between the vertebrae. In most people, it is not painful but in some can cause pain.
L-3 to L-4 : There is congenital narrowing of the spine. Some Facet arthropathy
You have some narrowing of the spine that you've had since birth. And some arthritis of the facet joints at L3-4.
L-4 to L-5 : There is some , broad-base disc bulging, disc desiccation, Some Facet arthropathy, mild stenosis at the central canal, narrowing at the lateral recess without significant stenosis.
At L4-5, you also have another broad based bulged disc. The disc is dried out ( again DDD), mild narrowing of the central canal where your spinal cord ( not really cord but nerve roots lay at this level) narrowing of the lateral recess but no clinically significant narrowing of the nerve roots.
L-5 to S-1 : There is significant disc height loss, degenerative disc signal changes. There is broad-based disc bulging favoring the left side as well areas of epidural scaring tissue on the left central canal. There is mild root nerve courses through the area of the scaring at the left lateral recess. Facet arthropathy is present. There is mild disc bulging impinging upon the anterior thecal sac. There is also disc hieght loss and disc bulging to the foramina bilateral causing narrowing of the right neural foramen. There is scar formation contributing to at least a moderate degree of the left foraminal stenosis.
This disc has dried out and lost significant height compared to the other discs. There is also another broad based disc bulging more to the left side and you have left side scar tissue near the nerve root. You also have arthritis of the facet joint here as well. The disc bulge is touching the thecal sac. The bulge also is in contact with the nerves on both sides ( right and left), causing narrowing on the right side nerve root. You also have scar tissue causing a moderate amount of compression of the left foramen.
Bony Anatomy : There is intact alignment. There is moderate disc hieght loss at L-5 - S-1 associated to discogenic reative bone marrow signal change. There is a left Hemilaminotomy defect at L-5. <----This has me a bit concerned too.
The alignment of your spine is intact, which means that it is fine. The moderate disc height loss at L5-S1 is causing some changes in the MRI signals. When you had your previous surgery, they did a hemilaminectomy, which is the removal of bone in the area where the nerve root exits at L5-S1. It is done to ease the compression of the nerve root. It is not anything for you to be concerned about.
There is a bit more but now too tired to type right now. Most of it sums up what's been said already. They also concluded that my pain is more focused on psychosocial now as well, but go figure not being a IME specialist of my choice of course.
The IME's aren't chosen by you or the company. They are supposed to be independent of you, the company or your doctors . They are supposed to give their opinion of your medical condition and what you are able to do or not do. The psychosocial remarks are in reference to how you are preoccupied with what you can't do in regard to your social/personal life.
I did hear from my attorney today and she suggested that I ask the Doc about a Opiat (Igueess that's what it is called?)Contract to get stronger meds.
You will probably be given an Opiate Contract once you see the Pain management doctor. Most of them use contracts that say that you will only get pain meds from them, that you will only take them as prescribed, and that you will fill the prescriptions at one pharmacy, submit to urine or blood testing to make sure that you are taking the meds as prescribed. They also tell you that if you don't follow the rules, then you will be dismissed from the practice.

Hope this helps explain things Charlie, and eases your mind a bit. You've got a lot of arthritis going on in your lumbar spine, a moderate amount of scar tissue from your previous surgery, some compression of the nerve roots at L5-S1, and some bulging discs at different levels. The biggest problem is at L5-S1 from what I can see. That Lyrica should help with the pain from the nerve compression. If not, they may try you on Neurontin or Cymbalta, both of which are reported to help with nerve pain.
Sanid

[Charlie]

Thanks Sandi, can't take Neurontin as I am allergic to it. I am supposed to pick up Lyrica tomorrow I went from one does of 50mg once a day (right before bed) to 150mg three times a day. I think I can pretty much not get my L&I case reopened it seems? But SSDI should happen with a ALJ I am waiting on the appointment (well I hope) Can this MRI help on my SSDI case? Kinda like an independent second opinion? I only had a physical and x-rays from SSDI. Or will this not be taken into consideration? When I was released from WC they told me I was as good as I was prior to surgery and in 1995 I was put on level 3 on L&I far as disabled but this time I wasn't bumped up to level 2. I do have an attorney for both (same one) and will be seeing him on the 3rd. I feel that I should of been a level 2 personally and so does my attorney and if this is done then I could get 30% of what's due at that level.

Any thoughts?

[sandi1016]

Hi Charlie,
This MRI documents that you have some spinal problems, so yes, in that sense it will help to prove it, but what you need to prove to SSDI is that you have no hope of ever returning to work, any work. Not just the job that you were doing, but any job anywhere.
And they are going to want doctors reports that say that you can't work and won't be able to return to work. So, once you file the paperwork, you may very well be told to report to their doctor for another examination. Bring any paperwork, reports that you have that substantiate your problems with you.
Don't overplay your physical problems but don't minimize them either. They are going to want to know how your physical limitations interfere with your activities of daily living and how you manage.
Surgery may be able to relieve the compression that you do have going on, and remove the scar tissue that is near the nerve roots, so it may help your current conditions immensely, maybe even enough for you to return to work at some point.
I am guessing that the surgeon is probably going to recommend a fusion since you already had a hemilaminectomy previously at L5-S1.
The Lyrica should be slowly titrated up, and as I said on the medication forum, the side effects should go away in a week or so. If not, then you may not be able to take it. I will warn you though, it does cause a weight gain. For some of us, it is too much of a weight gain for some to continue taking it, but it does seem to level off after a bit. So, if you can bear it, stick with the medication unless you have obvious signs of an allergy to it. It really does help especially with severe nerve pain.
Sandi

[Charlie]

Thanks, well surgery to be able to work would be great. But at the current I have applied for every job I can in town to be told by all that due to my limitations they can not employ me. Surgery will take away the pain but will it increase my lifting ability as I am on a 10lb max, also what about sitting or standing longer than 30 minute increments? I do have some moderate loss in mobility in my legs due to all this. I doubt SS will pay for a surgery and I sure can't afford it. Note why the attorney and I refiled to reopen the L&I claim. But seriously after all the denials to get employed by various places it is far too depressing to even try that approach again sad to say. Plus embarrassing as well.

[Charlie]

Okay had an appointment with the attorney today over the L&I case he told me I could fight it right now if I had 1000.00 to pay for a personal Orthopedist. Or I could let this appeal close out in 60 days and start a new re-open case with him on my side. So I chose the latter since I have no income at all. Am I assuming wrong here that doing the reopening of my case this time with an attorney that he will be able to ask for a second opinion? What I mean the current doctor is well known to write of in the companies favor and all that doc stated was my pain and issues were psychosocial without any tests besides asking me where was the pain and how it felt.

[Charlie]

No response? I feel left out. I do know that the attorney is going to give me a list of doctors to go to at my choice to initially open (reopen) my claim.