First how I want to begin this. If I am hurt on the job again, I will never, ever again report the injury to my employer. I will go home, call my own Health insurance carrier, make an appointment, and lie that I did the injury at home. Had I done my injury at home last March, I would have already been fixed by now, on the road to recovery, and working. Live and learn..
OK, now for my questions. I'm going to try to simplify this. I have a sevear back injury. In L-3, L-4, L-5 and S-1, ruptured disc, cracked vertebrea, degenerative bone desease, one vertebrea has been pushed out of allignment with the others, one is twisted. I have been through the mill for the past 6 months, and still am.
1. At my last office visit to the work-comp physician, she wrote on her form, "patient can only sit for 5 minutes at a time, and can only lift 5 lbs." She could see that working was out of the question. The following day I had an appointment with the surgeon (that wants to do a spinal fusion) that I had already seen before. That day he wrote out his report on his recommendations for surgery. The work-comp physician did not receive his report for about 20 days. The third day after I saw the work-comp physician, she received a proposal from my employer. She signed off on it. In this proposal they offered me a part-time position, lowered my pay. (Keep in mind the last I saw on the work-comp physicians report, I could only sit for 5 minutes at a time.) On this proposal she wrote, "patient can sit for 30 minutes at a time, then stand up for 30 minutes, sit, stand and so on. (rediculas!) So before she even saw the Surgeons recommendations, and the last I saw was "sitting for only 5 minutes", she signed off on me working. She was aware that I was in need of this surgery.
My question is: Can she do this without for-warning me that she accepted their proposal? That I am to sit for 30, stand for 30? When last I saw (and knew), was I could only sit for 5 minutes at a time. Can she do this without seeing the report from the surgeon? And can they lower my wages and hours? My attorney told me (when this proposal arrived via certified mail) not to sign it, not to worry about it. Making me think if I signed it, I agreed to the working conditions. I only signed the certified mail card. Was that misconstrued as "my signature?" Because of this, they stopped my work-comp benefits, without a warning. And is it legal for the work-comp doctor to write something totally different on the insurance companies form than what I was advised?
2. I was offered another position (dream job) with a different office during the first 2 months of being injured. I called my attorney to see if I could go on the interview, discuss my situation with them, and see if anything could be worked out. He said absolutely not. Now, my husband and I are in dire straits financially. I cannot work for those insulting wages from my employer, to top it off only part time! I have got to do something until my surgery is approved. (oh I forgot to tell you that, my surgery was denied. The insurance company thinks that spinal fusion surgery at my age (51) will mess up my back the rest of my life) Although I was told also that the spinal fusion surgery costs upward of 100k, and that's why it's not being approved. Can I get some sort of other job? Or do I have to accept what they are offering?
3. How hard would it be to get my work-comp benefits back until these idiots fix me? I have had two opinions (all through work-comp) that said I need this surgery, I have had 4 epidural cortisone injections, surgeons said "no physical therapy", due to it may injure me more, but my attorney made me do it anyway. Only three visits, and PT technicians said it was rediculas, that they could injure me more. So I have done all the "conservative" treatments.
4. I've been researching on the internet about a Spinal Laser Institute in Florida that is amazing, I have spoke to a surgeon there, and it is an invasive surgery under local anesthetic, pain gone within 5 days. Anyway it only costs around 45k. Is there anyway I could possibly get that surgery approved due to it being less expensive than the spinal fusion? And safer...
I live in Colorado.