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.

[rdnkjeeper]

I know that, that is why I am getting a few opinions from other Drs. Before I decide anything. Yes that means I am hiding my injury until I get more information. My Dr at the VA said ask someone at work to shovel for me and I'll get them back next year. I honestly don't know how there can be a next year right now. But hopefully the other Drs. will give me some more helpful infomation.

[john999]

If you are hurt or aggravate a pre-existing back injur on the job you can usually file for workers compensation if you can't work. If it is a service connected injury you may have to choose between the workers compensation and VA compensation at some point. The employer should provide "reasonable accommdation" but the word "reasonable" has been dissected to the utmost degree by employment lawyers on labor and management sides. ADA has holes in it so wide you could drive a truck through them. I know because I been there.

[rdnkjeeper]

If you are hurt or aggravate a pre-existing back injur on the job you can usually file for workers compensation if you can't work. If it is a service connected injury you may have to choose between the workers compensation and VA compensation at some point. The employer should provide "reasonable accommdation" but the word "reasonable" has been dissected to the utmost degree by employment lawyers on labor and management sides. ADA has holes in it so wide you could drive a truck through them. I know because I been there.

I thought that because my condition was related to my military service I cannot file for workers comp......Plus my union steward knows the issues I am having......What to do? What to do?

[hollywoodnc]

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.

I think last count was 63. Does that change things?

No...the Law is the Law, and it applies to ALL Americans. Because you live in a small community, does not matter.

The ONLY thing that matters is the amount you would receive if you sued for Disability Discrimination. I would presume that there are less then 500 employees working in City Gov't.

Title VII Damage Caps: Calculating Your Maximum Exposure

Title VII (which prohibits discrimination on the basis of race, sex, national origin, etc.) limits damage awards based on the number of employees the employer had during the "current or preceding calendar year." The maximum total amount of compensatory and punitive damages that may be awarded to the plaintiff are

dependent upon the number of employees as shown below.

Number of Employees Damage Cap

015-100 employees $ 050,000

101-200 employees $ 100,000

201-500 employees $ 200,000

500 plus employees $ 300,000

But I'm getting ahead of myself here...Let's hope it doesn't come to this!

No, it doesn't matter how small the community is. In fact, you have another bargaining chip in your favor...

If the City of Marquette TRULY CARES for disabled persons (esp: VETERANS), then the odds are in YOUR favor! Mention TV stations, newspapers, etc., and they'll be eating out of your hand! I'm sure that city Gov't. would bend over backwards, to accommodate you, so that they don't receive a "Black Eye" for firing a "Disabled Person"! Think about it.

The city should make "reasonable accommodations" so that you can remain employed.

I don't mean to burden you with all of this, but I'm sick and tired of hearing how "We all care for our disabled Veterans", and yet, these same babbling idiots discriminate!?

The bottom line...

You have TWO choices: Disclose or Not disclose...

#1) Pros and Cons to disclose:

You informed them that you possess a disability, and for health reasons, you need accommodations.

By LAW they have to comply. By LAW they cannot Discriminate, Retaliate nor can they Harass.

#2) Pros and Cons NOT to disclose:

You deteriorate further. You start receiving notices that you are performing inefficiently. You do not pick up the pace...you are terminated for poor performance!

Assuming #2 occurs, you have no grounds in court, being that your employer was UNAWARE that you had a DISABLING condition!!! The case will be tossed out, because YOU FAILED at informing your employer that your job was effecting your condition, and vise-versa.

My overall advise to you is to call the Unions National Headquarters, and ask THEM what you should do. They should have a team of lawyers that could answer your questions. Also review your Union bi-laws handbook. It should state something in it regarding disability, accommodations, etc..

I advise you LEARN IT.

Personally speaking, NO JOB is worth the deterioration of anyones' HEALTH! My advice, is to disclose, apply for SSDI, and remain on the job for as long as you can stand it.

I hope this helps!

[hollywoodnc]

Mistake (entered twice)

Edited January 8, 2009 by hollywoodnc

[hollywoodnc]

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.

Good Morning Rentalguy...

Unfortunately this is the case with rdnkjeeper. In the upper tier of the US, Unions have a grasp on employers, and they must comply to their bi laws.

In MY past, I was a member of 3 Unions. I have my personal feelings/beliefs about Unions to, but I'll keep them to myself.

Regardless, even if a Union wasn't representing rdnkjeeper, he is protected under federal law. Each particular case is viewed with the specific facts presented. No case is the same, but they ALL have similarities...thus, the reason why we have Case Law.

Now GRANTED...If a ditch digger position is available, and I require a cane to ambulate, it would appear on the surface, that I'm being discriminated by an employer if I applied for that job, and was denied such.

However, in rdnkjeepers' position, I presume that he was able to perform his tasks when he applied. However, today, he is starting to feel the effects of his job, to his S/C condition.

Can this be construed as an "Occupational Illness" in the eyes of Workers' Comp.?

If he was fit and able to perform his tasks for a certain period of time, and started to feel the effects of his job after a few years, then YES, this could be considered as an Occupational related illness, even though the condition was pre-existing. It is NO different than the able bodied individual that did not have a pre-existing condition.

OK...now you had mentioned:

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.

You are ABSOLUTELY RIGHT. However, if you are a ditch digger, and you injured your back, whether it is Traumatic or Occupational, YOU ARE entitled to medical attention via Worker's Comp.

Once you have been deemed DISABLED by W/C, regardless if it's Temporary or Permanent, it is regarded as TOTALLY, until you have been treated for such.

IF you are terminated before, during or immediately after filing for W/C, you may have a Disability along with Retaliatory Claim. If an employee can establish even a "Casual Connection" in regard to filing a claim was the cause of his/her termination, you WILL prevail in court.

Again, that's going on the premise that there are no other mitigating circumstances.

Furthermore, and in conclusion, there are programs available to employers (I don't recall where), that assist small business owners in supplying 'Reasonable Accommodations' to employees if it poses undue hardship to their business. I believe it is in the form of a Gov't. Grant. Additionally, if accommodations are to be made, then it is a tax write off.

You're right, that the Gov't doesn't expect you to spend an unrealistic amount of money to accommodate, such as building a wing for an individual. But the ADA requires a business to practice common sense to accommodate someone who is in a wheelchair to have a ramp for example. In fact, so does the DVA!

But in all due reality, rdnkjeeper can be transferred to another dept. in city gov't, and do a job filing papers, or doing some sort of desk job that isn't so taxing on his condition.

That's not going to place the city in a(n) undue hardship situation.