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.

[hollywoodnc]

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.

Hello again!

I hope that I don't appear hogging this thread, but I don't want to appear as I'm ignoring anyone...

In addressing this post...

I am in total agreement with your statement here:

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.

The U.S. Supreme Court has changed the language of Disability, by including Substantially limits any one or more major life activities.

One of those one or more is working.

Additionally, I have spent many sleepless nights reading Supreme Court rulings and US Code!!! TRUE, that case law protects employers more than employees, especially relating to disability, there is Williams v Toyota Motor Manufacturing.

In support to why I believe that rdnkjeeper should disclose that his condition is affecting his work...

http://www.eeoc.gov/policy/docs/workcomp.html

EEOC NOTICE

Number 915.002

May an employer discharge an employee who is temporarily

unable to work because of a disability-related occupational

injury?

No. An employer may not discharge an employee who is

temporarily unable to work because of a disability-related

occupational injury where it would not impose an undue hardship

to provide leave as a reasonable accommodation.

Here is one of many cases supporting disability based termination:

Employer Liable for Dismissal of Employee Regarded as Having Disability

Description

Appeals court held that a jury could find that an employer dismissed an employee with hepatitis because the employer regarded the employee as disabled and the jury can determine if punitive damages for malicious action by the employer are justified.

Topic

Employment Discrimination

Key Words Disability; Regarded As Having Disability, Hepatitis; Punitive Damages

C A S E S U M M A R Y

Facts

In 2000, Edwards was diagnosed with hepatitis C, a virus transmitted by blood-to-blood contact. The disease is chronic and requires lifetime monitoring. In 2001, she applied for a job in the kitchen at a nursing home. On the application she checked that she was not under a doctor's care, despite the on-going supervision of hepatitis. Later, when she cut herself at work, her sister, who also worked at the nursing home, told the supervisor that Edwards had hepatitis. She was fired. Her doctor said it would be safe for her to work there, but the nursing home would not reinstate her because she lied on her application. She sued for disability discrimination. The EEOC brought suit on her behalf, contending that she was fired because she was regarded as having a disability. A jury awarded her $20,000 compensatory damages and recommended back pay of $30,000, but the trial judge changed that to $1,240. The trial court held that punitive damages would not be appropriate. The EEOC and the nursing home appealed.

Decision

Reversed in part. For an employee to prevail on a "regarded as" claim of disability, there must be evidence that the employer believed the employee to be significantly restricted as to a class of jobs. It was for the jury to determine if the nursing home regarded Edwards to be disabled with respect to being a cook. If she were discriminated against because she was regarded as having a disability, it is for the jury to determine if the employer acted with malice and, so, punitive damages could be awarded.

EEOC v. Heartway Corp., 466 F.3d 1156 (10th Cir., 2006)

[hollywoodnc]

This thread is acting goofy...it's entering my posts twice!!!

Edited January 8, 2009 by hollywoodnc

[hollywoodnc]

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.

rdnkjeeper...

I can totally understand your concern about not telling your employer about your condition, especially when the economy appears to be working against you.

But, you have to come to grips with yourself, on a couple of issues here...

#1) What will be the outcome if you don't disclose anything...

#2) What will be the outcome if you do disclose your condition...

#3) What will be the outcome of your back condition, if you continue with your job...

You truly have to face your dilemma one way or another.

I posted what I did, because I've been through this sh*t! Would I have done things differently...YES!!!

What I presented to you is a preemptive approach, if you decided to disclose your condition.

It is up to you to decide what you are willing to do to survive and to not worsen your condition.

Good Luck to you.

[hollywoodnc]

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.

John...

When I worked at the VARO, I filed for W/C, and was able to collect my 30% and COP (collection of pay).

I didn't have to relinquish either.

Then again, this was for my right knee, it was temporary (not long term), and I was on the payroll at the time.

[hollywoodnc]

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?

Never mind the shop steward...contact your National Headquarters and ask their attorneys!

[john999]

The way it works for federal workers compensation is that if you have say a 30% SC condition for your knee and you injure you knee again at work you can get workers compensation and keep the 30%. If, however, you get raised up to say 50% on the knee after the work related injury then you can't get both the increase from the VA and keep all the WC compensation. I was totally disabled for a mental condition due to having my SC mental condition aggravated by my job. I then put in for TDIU and I had to make a choice between WC and VA TDIU when TDIU was granted. It was the same injury, but TDIU is a lot more permanent that workers compensation where they send you to hostile second opinions once a year for the rest of your life. Still if you are hurt on the job anywhere you should file for workers compensation. That what it is there for union or no union.