Update to my injury

Discussion in 'Health and Medical Topics' started by 705red, Sep 28, 2010.

  1. 705red

    705red Browncafe Steward

    I got hurt Early December last year. I tried to catch a crate they fell at me that weighed about 60 lbs. UPS clinic said I had a strain, of course they did. Right after xmas I put out on comp. I saw my Dr last week of december, he ordered an MRI which showed that I has a slight herniation of the l5-s1 disc.

    He recommended a course of 3 epidural injections, which is the treatment for this before looking at surgery options. UPS/ Liberty Mutual didn't see it that way. I was put on hold while I awaited an appt with their IME Dr. The IME agreed with the treatment. Now during this time I went close to 2 months without a check for comp. At no time was my injury ever disputed by UPS or Liberty Mutual.

    Finally in March 2 months after it was prescribed finally I get my 1st injection which helped with the numbness and tingling in to my toes. i do the therapy and in 3 weeks I saw the Dr again. Lets do the 2nd injection.

    Some "NURSE" in utilization review denied the procedure, even with my Dr and the IME dr saying it was necessary. Finally in late May Liberty Overrides and approves this shot. The shot helped again, I started work hardening, where I had a few flare ups and set backs. But I finished the program and actually with the herniated disc passed a mock FCE.

    Went back to the Dr and he said lets try going back to work with 8 hour restrictions for a few weeks. This was late July, and I did. The 1st week was not to bad and the checks were nice, especially since UPS was working me over my restrictions of 8 hours, more like 9, 9.5 and 10 hours.

    The 2nd week I started having some more pain and stared calling in because of my sciatic pain. I could not even bend my left leg.

    I went back to the Dr and asked if we could do the 3rd shot, because I was still having problems. He ordered it and again the "NURSE" denied the procedure. Liberty had me have the Dr appeal it. Again Denied by the "NURSE".

    SO I call to schedule an appt with the back surgeon, since they wont take the easy route, and my Dr gives me 8 hour day restrictions but I must take Wednesdays off, this way I dont work more than 2 days straight.

    Now that Im seeing a surgeon, all of a sudden the shot is approved and overridden by Liberty again, but I have to see another IME.

    I saw the IME yesterday and did not see my Dr until today. So the IME is to evaluate me and give his recommendations, without even knowing what my Dr wants to do.

    The IME recommends me for a Microdiscectomy surgery where they shave the disc off of the nerve, and says that I can return to full duty???? I need surgery, but I can work full duty!!!?????

    My Dr wants another MRI and an EMG to see what has changed since early January before cutting me.

    I get a call just now from my manager saying that risk management is putting me back to full duty starting tomorrow!!!!

    So it appears that UPS is really trying to cripple me here so I cant come back to work. I just wanted to update my friends here as to why I have been away for a while. I have been biting my tongue, but IM BACK and man am I going to blast away!

    This just shows you that UPS does not care about anyone of us, and to you people that like to bash the union! Look at what they do to people that try and do the right thing for you. Maybe show some support for your stewards.
  2. cachsux

    cachsux Wah

    Did you have an attorney for any of this,Red?
  3. 705red

    705red Browncafe Steward

    Of course. UPS is draggig everything out as long as they can because they can afford to. Every time we get close to a court date their tune changes.
  4. Bubblehead

    Bubblehead My Senior Picture

    Is it an option to do what is best "according to your doctor", then fight for the proper result afterwards?
    Seems like a huge gamble to put your health in the hands of this company.
  5. Re-Raise

    Re-Raise Well-Known Member

    I had a herniated L5 disk and simply walked up to my center manager and told them I had been trying to work through it , but I was in too much pain to safely deliver a route.

    In my case it was a lot more painful to sit and drive than it was to carry packages.

    And the worst pain was going from a sitting position to a standing position.

    I don't know why they would have you return to full duty when your MRI shows you need the surgery.

    I had the microdiskectomy 15 years ago and I have no trouble at all.

    Good luck and keep fighting for your health, I think they count on making the process difficult so people will give up and live with the pain.

    QKRSTKR Active Member

    Good luck red. I had surgery on the same disc. Mine happenen at "home". which is when the disc did go bad. When I talked with my surgeon and we both knew it was work related, he said I was much better off it happenend at home, and to be glad it wasn't workmans comp. Now I know why. My surgery went great. It's been 6yrs I think. You'll have therapy after. I was back to work 4weeks after surgery. I just hope you don't have any permanent damage done. A year is an awful long time to be screwed up and that disc pressing on the nerve. I know exacly what your back is going thru. It suks!
  7. grgrcr88

    grgrcr88 No It's not green grocer!

    I had the same herniated L5, S1. Got one injection and some damn good PT. Have not had a problem since. Been more than 5 years now. I seriously think a good Physical Therapist could do the trick for ya Red. I certainly would explore every option to it's fullest extent before having the surgery.


    Good luck to you man.
  8. satellitedriver

    satellitedriver Moderator Staff Member

    I would have to see the managers medical degree and the "risk management teams" license to practice medicine in your state before I went back to full time work.
    To my knowledge,
    there is no way in hell that any company manager/risk team can over ride the diagnosis of a licensed personal physician, especially when they have already approve his past diagnosis and treatment prescribed.
    Until your personal physician gives you full release to go back to full time work, they have no case.
    Yes, they-(read as risk management)- can try and screw you over trying to save pennies today,
    it will cost them dollars tomorrow.

  9. CRASH501

    CRASH501 New Member

    Starting to sound way way too familiar.
    . I have L4-L5 herniation and a pinched / compressed nerve @ L5-S1.
    im on my 4th spinal epidural ( 2nd series of 3 ) with my 5th scheduled in about 3 weeks ! im hoping i get more relief from this series.
    but on the same note of these Liberty Mutual Dopes , I just started a second course of Supartz injections into my Knee's its the 2nd series on my left and 1st series on the right.
  10. trplnkl

    trplnkl 555

    Red, what does your lawyer have to say about all this? Have you contacted your state's workers comp commission? Your story sounds all too familiar.
    My discs are not herniated, but L5,S1 and S2 are protruding which causes pressure on the nerves. Can't walk, empty handed, for more than 50 yards without (now) back pain, tingling and extreme weakness in the right leg. If I try to pickup and carry more than 10-15 pounds, the walking distance decreases by half.
    Here, LibMut uses a doctor to review my records, having never laid eyes on me or even talk to me, to "make recommendations" on treatment. They took a month to approve the first physical therapy. When PT alone didn't do enough they drug out for three weeks my first epidural injection, then another month for the second injection and totally denying the third.
    The reviewing doc said the injection wasn't needed, but PT and home exercise (which I had been doing all along) would take care of the problem. Then when my treating Doc sent me back to PT (on the reviewing doc's advice) LibMut denied that as well.

    DO NOT agree to a maximum medical improvement rating, until you and YOUR doctor are satisfied that you have actually reached a point where nothing else can be done to help you. The MMI rating will disqualify you for further TIBs. Pay close attention to time limits on appeals for anything that isn't done correct. Letting them expire can come back to bite you in the ass.
  11. Braveheart

    Braveheart New Member

    We had a guy go through all the PT bull and such. His Dr said it was time for surgery.

    Lib Mut denied it.

    He hired a well known attorney.

    Surgery suddenly approved!

    He is still going after them though due to all the denials and delays costing him money as he would have already been back if not for BS!!!
  12. 705red

    705red Browncafe Steward

    Trp, since the IME is a Dr and it was his opinion that I could return to work full duty that is why UPS sent me back. Which means that now they cannot prolong the approval of the surgery since they have recognized their Dr. I went back to fulll duty Wednesday and had a sup with me all day. He called me out for not bending and getting close to the package to lift. I explained that I CANNOT because of my sciatc pain which locks up my left lhip and leg. I was a wreck after work, barely made it in to work Thursday. But if I didnt I would not be honoring what UPS wants and could risk losing my benefits for refusing to work. I was at my 20th stop of the day and had already delivered more than 400 packages when I went down with a hernia.

    UPS has now put me back out on comp, a little to late in my opinion, because now I need 2 surgeries and my whole core foundation is screwed. This company really does not care about anyone!!!! Thrusday morning they were more concerned that my tatoo on my leg was showing, however my manager nor the division manager even after the ysaw me limping around never once asked if I was ok to work. Even after I again said I CANNOT bend to lift!

    Im hoping to have my hernia surgery in the next few weeks, and have had my new MRI on Friday and will under go an EMG next Friday.
  13. over9five

    over9five Moderator Staff Member

    I wonder if you now have a malpractice suit against the IME doctor?

    I would want a lot of pain and suffering compensation.
  14. 705red

    705red Browncafe Steward

    I just read through my rights under the workers compensation language for my state. I did not notice anywhere where it included pain and suffering. It appears that each body part has a cost associated with it when injured. It does not mean that I will not ask for any since in my opinion it was a negligent decision to put an employee who is in need of surgery back to full duty. It is also my opinion that it was an attempt to allow me to hurt my back worse, maybe requiring a career ending fusion procedure, so that I could not come back to UPS. Only time will tell.

    I will tell you that if UPS is aware that you work another job and you are hurt at UPS under IL law they are responsible for those earnings as well.

    Heres a link to each State's law on workers compensation.