Spine Claim Questions

[rdnkjeeper]

I am new here and been reading information on this site for the last couple of days. There is so much information here that it has made my head spin. A little history so maybe someone can help me ask for the right things. I hit a towel bar in the military on my middle back and a few days later I was playing racketball and jumped to get the ball and went numb from my chest down. Spent three days on bedrest. I do have all the records supporting this. These injuries occured a few months before getting out. The Dr at my final physical told me to keep my mouth shut about my back, until I get got out and then put in a claim with the VA.

I got out and put a claim in with the VA, it took them about a year and service connected my middle back with chronic muscle spasms. I have been complaining about my back for years, but the VA didn't want to do anything. I opened a claim in June about connecting my lower back. I started noticing shooting pains down both legs for about a year before opening a claim. The VA got a new Dr at the clinic I go to. He said he reviewed my records and found that I have had back issues for years and what did any Dr say was wrong with my back. I told him muscle spasms....he then asked if I had had an MRI, told him no. He was shocked and order one right away.

The MRI showed that I have......(will type in the report and maybe someone will help me decode it)

Finding:

Thoracic spine: There is preservation of vertebral body height and alighment throughout the thoracic spine. The bone marrow signal is unremarkable. The thoracic cord demonstrates normal caliber and signal. There is a prominent central disc herniation at T9/T10 resulting in a mild indentation of the cord at this level. There is also a disc herniation, asymmetric to the right resulting in narrowing of the right portion of the thecal sac at T3/T4. Disc bulges are also present at T4/T5, T7/T8, T8/T9, and T11/T12.

Lumbar spine: There is preservation of vertebral body height and alignment throughout the lumbar spine. The bone marrwow signal is unremarkable. There is a loss of T2 signal within the L4/L5 and the space height at L5/S1. There is a focus of increased T2 signal within the posterior aspect of the L5/S1 disc compatible with annular tear. The conus ends at L1. No abnormal conal signal is present.

The L1/L2 and L2/L3 levels were not image in the axial plane but appear unremarkable on sagittal images.

L3/L4: There is a diffuse posterior disc bulge with bilateral facet hypertrophy in mild to moderate central canal and mild bilateral neural foraminal stenosis.

L4/L5: There is a left posterolateral disc herniation resulting in mild narrowing of the left lateral recess and mild left neural foraminal stenosis.

L5/S1: There is a central disc herniation resulting in mild central canal stenosis.

Impression:

Multilevel degenerative changes are present as described within the thoracic and lumbar spine.

Like I said my head is spinning so any help anyone can give me would be greatly appreciated. I plan on waiting until this claim is done then opening another or appealing depending on what happens. Sorry for such a long post, but I also need to know what to ask for. I don't know what I am entitled to. They are pushing for surgery on the T9/T10 one right now. I am really nervous because I am the only bread winner in my house and if I can't work after the surgery what am I going to do? I have not decided if I am going to have surgery or not, but it is getting harder and harder to make it through a shift at work.

Thanks everyone.

[Berta]

"if I can't work after the surgery what am I going to do? I have not decided if I am going to have surgery or not, but it is getting harder and harder to make it through a shift at work."

If you have a service connected condition that renders you unable to work-(proven by medical evidence)- you can apply for both TDIU (the 100% comp rate) and SSA disability benefits.

If your employer is aware of your disability (and wouldnt they have to know due to insurance?) and they fall under the ADA EEOC guidelines-

if the employer discriminates against you DUE to your known disability- they can be sued under ADA EEOC.

My husband won the first ADA case here in NY.

The employer had discriminated against him in a re-hire situation.

They had to give him back pay.

This wasnt easy- the US DOL had denied at least 12 complaints he had filed against this same employer under the VEVRA-Vietnam Veterans Readjustmentment Act and the Vocational Rehabilitation ACt of 1974.

Then the employer suddenly hired him for a temporary position with a layoff and re-call status.We thought the long battle was over.

The law states that recalls will not discriminate and he had a good performance appraisal rating.

They then recalled a non disabled vet over him with less time on the job.

Under FOIA I found the company's documented evidence of discrimination directly due to his SC disability and also that this large employer

had only one disabled vet hire in a 6 year period,who also disappeared after a year-yet had many disabled vets applications- who were qualified for their jobs and who never got interviews.

The Movie "Philadelphia" makes the whole point-

Tom Hanks employers suspected he had Aids.

They took steps to set him up to almost lose a critical filing date - he worked for a law firm-who apparently had some sort of federal contracts that put them under the Discrimination laws at that time.

This movie was based on a true story.Every time Denzel Washington-(Hanks lawyer)said Vocational Rehabilitaion Act-he was talking about what we were deeply involved with here at the same time-

Although Hanks did not tell the employer he had aids, this was suspected by the employer when he was terminated.

These laws have changed a lot-but I think today an employer must be completely aware of a disability- in order to even attempt to discriminate.

Edited January 7, 2009 by Berta

[rentalguy1]

I work for a local City and I am a Wastewater Treatment Operator. The only things I have issues with about my job is the bending and lifting (not that much), the maintenance (again not that much), and the rags/grit (daily). I have to lift the rags/grit into a dumpster and it is usually in an ackward position.

ROFLMAO!!!!!

I worked for a local city as a potable water plant operator! They tried their best to fire me over my conditions when they became apparent (walking with a cane). I didn't have a whole lot of physical things on my job, either, but the bastards went as re-wrote the job description to make it look like you needed to be superman in order to be a water plant operator. I fought back with the ADA laws, and actually went so far as to file a claim with the EEOC, which caused the city to back down and start making reasonable concessions to me. I still ended up having to leave within a year after that due to my disabilities. I just can't sit/stand/walk long enough to do any kind of a job these days.

[hollywoodnc]

Just be cautious. If you are in a heavy manual labor job, the employer has every right to let you go over a spine condition, because there is no way to make reasonable accommodations within the scope of the ADA laws.

rentalguy...

I have to disagree with you on this Brother. I truly admire 99% of your posts, but unfortunately, you are incorrect here!

Terminating an individual based on Just Cause, is irrelevant here, because there is a Collective Bargaining contract to adhere to. This Union contract supersedes the just cause argument in court.

According to LAW, IF rdnkjeeper asks for an accommodation, due to his back condition, his employer MUST create a position, as long as it doesn't cause undue hardship on the company.

http://www.eeoc.gov/facts/accommodation.html &

http://www.ilr.cornell.edu/edi/hr_tips/art...;view=true#hid3

In his position, it sounds like he's employed with a City/County job in his state (wastewater treatment plant). He can correct me if I am wrong.

Going on the assumption that it IS a city/county job, that would mean that there is at least over a thousand employees. It is clear that there are a multitude of jobs that he can do, other than working at the wastewater plant.

Regardless, and as I had stated before, to hide the fact that he is under duress due to his back condition, it is imperative that he mention it to his employer.

I say this, because if he didn't state anything, he would be terminated for not performing pursuant to his companys' standards.

If he approaches his employer, and requests an accommodation, and provides documentation, he has "trumped" the employer from terminating him unjustly.

As usual, Berta is correct when she had stated:

These laws have changed a lot-but I think today an employer must be completely aware of a disability- in order to even attempt to discriminate.

It is a wise idea, that in order to retain his job, rdnkjeeper MUST disclose this to his employer. This will guarantee rdnkjeeper keeping his job. He will now be known as having a record of, and regarded as being disabled, regardless of the percentage.

Any Adverse Action AFTER his disclosure, will show a Retaliatory Action, with a Direct Connection. Retaliation pays significantly higher than a disability claim. It shows Malice.

It doesn't matter if his disability was based on an injury which occurred in the past, and was aggravated by his job, OR if it was Traumatic or Occupational, then he is entitled to medical attention with his Worker's Comp.

Last, but not least, his Union Steward is now considered as a witness if he is terminated by the employer. This will make his case credible in a courtroom.

Edited January 8, 2009 by hollywoodnc

[rdnkjeeper]

Wow so much information. I work for the local city, but it is a very small city and there isn't 75 people in our bargining unit. I think last count was 63. Does that change things? I have been keeping my union steward informed on everything that is going on.

[rentalguy1]

hollywood, I didn't take the union factor into consideration. I freely admit that I know next to nothing about labor contracts (and I want to keep it that way). Under normal circumstances, though, especially in a right to work state, if there are no reasonable accommodations that can be made, then you can legally be fired. In other words, if you are a ditch digger, and you end up with a bad back, then the government will not expect that employer to create a new position for you or spend an unrealistic amount of money to accomodate your disability. I'm not a ADA expert by any means, but I know some of it because I had to live it. It's chronicled on this forum somewhere.

[rentalguy1]

One other thing; law or no law, union or no union, once you start down this road, it is at your own peril, and there is no turning back. I have read plenty of EEOC cases that seem to be very contrary to what the ADA laws state. You can Google them and read all night long. The ADA laws are typically set up to protect the employer just as much as the employee.