w/c ~~ back injury

[gunny1]

I live in Maryland. I was injured on the job 9 months ago. I fell from the top of my dump truck onto pavement (approx 13 ft). I had dislocated my right hip, injured my right knee (unnecessary surgery was done) , and I have 2 bulging discs L4-L5 and L5-S1 in lower back. I have been lucky with the comp co until now. They have been paying my wages and med bills. Now they want me to have an independant evaluation done. I feel as if this is their fisrt step to cutting my benefits. Could this be correct? Also what would you think the chances of my ever returning to driving a truck again is? I was told by another driver that my back wouldn't be able to take the bouncing in an airseat for possible herniation of discs. Nor would I be able to climb up and down on truck or scrape truck bed with 75lb scraper bar. I now walk with a perm limp and am still in constant pain. The doc has tried everything short of back surgery...says its not an option. I will see a pain mngt doc tomorrow. Are bulging discs considered a disability? Please help with any suggestions or advice. Thank You

 

[Beth3]

There could be several reasons why the W.C. carrier has scheduled you for an IME that have nothing to do with cutting your benefits.

From what you've posted about your medical situation, the most likely reason is that they want a second opinon on whatever treatment your doctor may have recommended (or ruled out) to deal with your continuing back problem. You've had no problems with the W.C. carrier to this point - they've accepted liability, are paying your medical bills and lost wages - so there's no reason to assume the worst case scenario here. When an employee has been off work for as long as you have, it really is appropriate for the W.C. carrier to get their own medical evaluation.

As far as returning to driving a truck, that's a call only you and your doctor can make but I would imagine driving a truck with a chronic back problem and bulging discs would be quite painful and could worsen your medical problems.

 

[gunny1]

Thanks for the reply Beth. I have had all treatments except surgery...even epidural injections. Do you know if bulging discs are considered a disability?

 

[driftbuster]

I have 3 bulging and the dr told me never to drive truck again, you will rupture a disc for sure. 21 years of driving a 5 yarder and other equipment took it toll i go to another ime on sat. this is par and could used for dtermining settlement or further course of treatment. they decided not to operate on me until i rupture one. slim chance for ss disibility but you could stay on comp. comp found me work within my restrictions but i can only work 3 to 5 hrs a day(3 to 4 days a week) as a desk clerk at a hotel but standing and slightly bending over the computer and desk is a killer. so they could be finding you work also. get a lawyer because comp might treat you ok if they think you are going back to work, once they find out otherwise they story changes.

 

[gunny1]

thank you very much for the reply driftbuster! we have a lot in common i see =). have they determined your disability rating? did they consider you perm disabled from current job and just continue comp for the hours/wages lost? please reply.....thanks again

 

[Beth3]

gunny, do you mean "disability" as defined under the Americans with Disabilities Act, or disability as it relates to receiving SSDI or other disability benefits from an insurance plan?

If it's the latter, nobody can answer that question for you except the SSA or your insurance carrier. If at the end of your medical treatments for your back problem your doctor says you are disabled and cannot work, then you certainly should contact the SSA and pursue any separate LTD benefits you have.

As far as the ADA goes, except for HIV/AIDS, there are no specific injuries or illnesses that are sited in the law as falling under the ADA. It's all a question of how severe an ailment is and whether it limits any "major life activities."