Returning to light duty work, still in pain?
I was injured on the job couple of months ago. I had an x-ray which shows I have a sprain or strain of the cervical spin, degeneration of cervical intervertebral disc. I have difficulty sleeping at night, and I am in a lot of pain. I’m taking Sulindac, Hydrocodone/acetaminophen and Robaxin that does not help with the pain, only makes me sick and drowsy. Workers Comp was denied, although I had a QME appointment, that could over turn that decision. Meanwhile my occupational physician is ordering me back to work on light duty for 4 hours a day with only the restrictions of not to extend/flex neck, not to reach above both shoulders or to lift/carry up to 10 pounds. I returned to work in a lot of pain, unable to complete work shift and I’m unable to take medications while working or driving. Went back to doctor for help only gave me stronger meds and sent me back to work! what do I do?
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I don’t know where you are and each state has its own set of rules for this. At this point you are near or have passed the time period where you can start to take things into your own hands. There are some states where this is never the case such as New Jersey. At this point I would suggest that you find a lawyer that specializes in workman’s compensation and does nothing else. Every state has a cap on how much they can charge for a case so check this out. Also each state gives out a booklet on the rules that it has and it will give you the ins and outs of how to handle your case. As for your neck try these things. Sit in a straight chair and raise your left arm as high as it can go and then do the right. One of the arms will raise up higher than the other so start with that arm. Raise that arm up as high as you can for thirty seconds and then rest for fifteen seconds. Do that cycle twice more and then switch arms and do the routine on that side for three times. Next turn the head to the left as far as possible and the go to the right. One side will go further than the right so start in that direction. Turn in that direction as hard and far as possible for thirty seconds and then rest for fifteen seconds. Repeat this twice more and then do the other side. Turn in that direction for a total of three times. There should be a difference in the way the neck feels at this point in freedom from pain and more movement. Next twist the lower back as far to the left as possible and then to the right. One side will turn further so start in that direction. Twist the lower back in that direction for thirty seconds and then rest for fifteen. Repeat that twice more and then do the opposite side for three times in exactly the same way. Lastly do this movement. Bring the Left knee up towards the Right shoulder and hard and far as possible and then do the reverse. One will go further than the other so start with that side. Bring that knee up to the opposite shoulder as hard and far as possible for thirty seconds and then rest for fifteen seconds. Repeat that twice more and then do the opposite side for three times. At this point the neck should feel freer and in less pain. Do this series of movements at least once a day.
As you refer to “QME”, that would indicate you are in Calif. Calif
is the only state that uses QME’s. Also, you are likley treating
with a PTP/Primary Treating Physician in the carriers MPN/Medical
Provider Network. When you disagree with your PTP finding, you can
change PTP up to 3 times… after that, if you disagree with the
diagnosis or treatment plan, you can use a IME to settle the
dispute. You are seeing a Panel QME to determine IF your injury is
work related. If you meet the AOE/COE test, your claim will be
accepted. In the meantime, go back to your PTP, or change Dr and
notify the claims adjuster of your decision to change in writing
and make the appt. You would be well advised to consult with a few
attorenys who handle WC claims. There is no fee for the consult,
and fees are awarded by a WCAB judge. Generally atty fees are 9% to
12% and cap at 15%. Atty fees are well worth the additonal benefits
and peace of mind you will receive by having an atty. If you can’t
find an atty you like, you can contact an Information &
Assistance officer at the WCAB. More information for injured
workers in Calif is available here…
Don’t know why the paste doesn’t always work… here is the DWC
site http://www.dir.ca.gov/dwc/InjuredWorker.htm