Can I use my sick leave and who should take care of my case?

[6821massey]

What is the name of your state (only U.S. law)? California

I saw a spinal specialist with MRI results today and found out I have to live with back problems without surgery. M.D. did not recommend surgery even though my nerves were severely pinched by protruded disk, not ruptured yet due to stenosis with degenerative disc disease over period of time. I could not run anymore due to numbness on my both feet and stand and sit too long minutes. Treatment plans are pain management and physical therapy. Simply say not too bad enough for surgery, not too good enough to go back to my normal duties. I do modified duty right now under job injury. I think of an elective back surgery when I fly back to my home country because I want to go back to my normal dailylife; jogging, swimming, backyard work, etc. I have enough vacation and sick leave days. I do not want to live with half crippled conditions.
Who should I ask to follow up my case of post-of-surgery, Kaiser(my private insurance) after I come back from my home country? Back surgery takes 3 months for full recovery such as lamenectomy and/or disdectomy. I do not think a doctor' slip of another country can be valid for sick leave. Also workers comp does not want to be involved in this kind of a case.

Any kind of advice and ideas from desperate d soul.

P.S. My brother had successful back surgery recently and costs of back surgery over there is much cheaper.

 

[cbg]

How long have you worked for your current employer and how many employees are there?

Is this a work related injury?

 

[6821massey]

About 14 years with this employer and around one thousand employees in healthcare industry. My job requires heavy lifting, bending, and twisting at times but not all the time. My Doctor of workers comp said I have bad back and my back problem is progressive (degenerative disc disease) with age. It could be triggered by normal activities on the job. I do not remember any special or heroic things done other than routine works. Then I felt pain and numbness. It did not go away with med for several days so I reported to my manager. Now on modified under workers comp MD.

 

[cbg]

How much time off for this condition have you already taken in the past year? I'm going somewhere specific with this, I promise.

 

[wavedude]

I just posted another thread above this one regarding a protruded disc - from an employer's perspective.

 

[6821massey]

I did not take any time off due to the back problems and seek or claim any medical help over 14 years with this employer for the back injuries. This is the first time.

 

[cbg]

Okay, that's good.

You are entitled to up to 12 weeks of medical leave with your job protected under FMLA. You can request or your employer can require that you use your sick leave during that time. You'll want to talk to HR to get the paperwork started.

 

[6821massey]

Thanks for advice. For FMLA I need MD's signing the form. Should I ask workers-comp MD? If not, I have to ask my regular doctor (Kaiser). Also I have to figure out who should follow up post-care here if I should have a surgery in my home country. First I have to copy MRI cd and send it to my brother. His surgeon review the case and let me know. I feel so sorry for many people who live with severe back/leg pain when I read the posts on spinehealth.com. Much worse than mine. I wonder how they do their daily activities.

 

[ecmst12]

https://forum.freeadvice.com/workplace-injuries-worker-s-compensation-32/wokers-comp-pay-591890.html

Back surgery is risky - it doesn't always help and sometimes even makes things worse. I would seek a second opinion from a spine surgeon here before you go outside the country. You may really not be a good candidate.

 

[cbg]

You ask the doctor who is treating you to complete the FMLA forms.

 

[OHRoadwarrior]

If you really have major spinal chord pains how come you work and if you possess necessary details and medical documents you would have leave from your employers,its better one should negotiate with with his employer detailing about the case,if still he does not get a leave he must consult a legal adviser.

What peanut gallery did you come from? I had been working for decades with spinal cord pain, until 6 months ago, when all my ailments finally overloaded my body. Generally speaking, there is no fix for his problem. He is hoping a fusion will fix it. A discectomy would still require a fusion with degeneration. Coordinating this kind of care, once it has plateaued, requires months of care to isolate, coordinate and treat problems. Fusion is still a foolish procedure as the act itself creates degeneration. Advising your employer of your medical condition beyond the minimums necessary is foolish. In the US, no one wants a broken employee. They are a walking, talking, liability. He does not know it yet, his life, as he knows it, is over. I was talking with a psychologists assistant a few weeks ago and she was trying to console me in my stress, by saying "Be patient, you'll get your life back". I looked at her and laughed. I told her that I had not had a life in over 2 decades, all I was trying to do was get glued back together well enough to go back to work, because I have one kid in college and another heading that way.