According to government statistics,  nearly 20% of all the work-related injuries involve back injuries and back pain, especially lower the back area.   The cost of these work injuries continues to soar – currently estimates put the cost of treatment and lost productivity at nearly $20 billion annually.   Not surprisingly many of the cases I see involve some form of back injury – ranging from cervical (neck) damage to lumbar and thoracic (mid to lower back) injuries.   In my experience, quick diagnosis and treatment can greatly improve the chances of a more complete recovery.

General causes of back injuries

Back injuries can result from numerous causes including:

• Heavy lifting
• Remaining in the same position for too long and too often
• Repetitious activities and movements
• Stressful lifestyles

Back braces and modified lifting techniques can help but not prevent back injuries.

The back injury case of Mr. S

Mr. S worked for a company that owned several large trucks.   The company was selling several of its trucks and Mr. S's supervisor directed him to show the truck to a potential customer. Mr. S was attempting to push open the hood of the truck when the hood (weighing 300 lbs.) detached and fell on him, pinning him to the floor.  Mr. S  began experiencing pain in his lower back as well as radiating pain in his leg.

This accident was witnessed by both the potential truck buyer and Mr. S’s supervisor, who instructed Mr. S to go to one of the posted panel doctors.   Upon arriving at the doctor’s office, Mr. S noted that the line of patients was out the door and since he did not want to sit around and wait, he decided to return to work and took pain medication before returning to the job. Mr. S continued working for the next 4 months, relying on over the counter pain pills to reduce his pain.  At no point did he ever actually meet with a doctor.

Around 4 months later, Mr. S again injured his back while working on a truck.  This time, he felt a definite "pop" and his legs went numb.  The supervisor again sent Mr. S to a  posted panel doctor who took Mr. S off work and began conservative treatment (prescription pain pills and physical therapy)  When Ms. S was unable to perform the exercises during physical therapy, the panel doctor ordered an MRI.  The MRI revealed several bulging discs as well as 2 herniations with impingement on the spinal cord.

The panel doctor then referred Mr. S to an orthopedist for surgery.   Mr. S was not impressed with the surgeon and he emailed me with his story to ask if he had any options.   I suggested to him that if I was dealing with the same injury I would want to be evaluated by a specific neurosurgeon, and I also explained what Mr. S could expect in terms of rehab and case settlement.  At that point, Mr. S retained me to serve as his lawyer.

Once I was retained I contacted the insurance adjuster and suggested that we agree that Mr. S should be seen by a neurosurgeon who I know to be very capable.  The adjuster agreed (to my surprise) and my client underwent a multi-level fusion, which my client underwent.

There was one other interesting twist to this case – at the time my client was seen by the original panel doctor for the second time, the adjuster assigned a nurse case manager to assist with my client's care.  For those of you who are not familiar with the role of the nurse case manager, she is a nurse who works on behalf of the insurance company to facilitate care.  Sometimes, nurse case managers can be helpful in cutting through red tape – such as getting diagnostic reports like MRI films to a doctor. In other instances, the nurse case manager can interfere with treatment by advocating on behalf of the insurance company – for example I have seen cases where a nurse case manager attempted to influence a treating doctor to return a claimant to work too early.

Years ago, the insurance company had a right to assign a nurse case manager.  Under current law that right exists only in catastrophic cases.  Otherwise the claimant (usually through counsel) can terminate the involvement of the nurse case manager.

In this case, we had to do just that.  The nurse case manager was attending my client's medical exams and she was pressuring the surgeon to speed up the rehabilitation process.  I felt that her motivation and value were in question and I advised the adjuster that we no longer needed her services.

Severe ankle and foot injury Workers’ Compensation case

This case involved an ankle injury incurred by woman (Mrs. K) who worked in a warehouse environment.   While moving a bulky 250-pound steel panel, Mrs. K and her co-workers paused to rest after moving the steel panel only about 10 feet.   The panel became extremely unsteady and fell on her Mrs. K's foot, snapping and breaking the ankle and foot.   Mrs. K was immediately rushed to her local hospital’s ER where she would undergo surgery to stabilize and immobilize the fracture.

After her surgery, Mrs. K was referred to a physician from the posted panel of physicians who saw her 3 days after her surgery.  Despite the severity of her fracture, the panel physician did not take X-rays to evaluate the union of the bones, nor did he conduct any nerve function tests to evaluate any possible loss of function.  Instead he left the cast on and prescribed pain medications.

After just over a week living in intense pain, Mrs. K.  found me through my web site and retained me to represent her.  After reviewing the medical record, it was obvious to me that Mrs. K needed additional surgery and she needed a surgical consult quickly.  I contacted the insurance adjuster and persuaded the adjuster to refer my client to a foot and ankle specialist.   The foot and ankle specialist diagnosed the foot fracture as a "displaced" fracture, meaning that another surgery was needed and that plates and screws would have to be used to stabilize the foot.  This, of course, means that a third surgery likely would be necessary to fully or partially remove this hardware.

Because of the delay in getting Mrs.  K to the appropriate physician, she suffered complications – ecchymosis (skin discoloration) up the leg to her knee and neuropraxia (loss of nerve function) throughout her foot.    In my opinion, these complications would not have occurred, or would have been less severe had the 2nd surgery been performed earlier than it was.

Mrs. K is still recovering from surgery.   Her job had required her to stand, squat, lift and stand, and she cannot perform the duties of her past job.  Rehabilitation is proceeding slowly and I estimate that she will be out of work for at least 6 to 8 months.

Mrs. K has not yet had her second surgery and it is not clear to me how invasive that second surgery will be.   I expect that we will make a settlement demand either before or after the second surgery.

In my view, this is a case in which the insurance company's delay and their reluctance to get Mrs. K to the right doctor quickly on what was clearly a surgical case will dramatically increase the settlement value of this case.  More importantly, I am of the opinion that my client's health was compromised by the insurer's delay, not to mention the unnecessary suffering she experienced.   I further suspect that had she waited 3 or 4 weeks before hiring me, a second surgery would not have been scheduled as the initial panel doctor seemed oblivious to the severity of this injury.

This case illustrates the importance of recognizing that medical treatment under workers' compensation can be substandard and inadequate.  The panel doctor's motivation and loyalty was not to his patient, but to the insurance company.  Ironically, the panel doctor's failure to act will end up costing the insurance company more money.

Cervical injuries made worse by returning to the job

Mrs. B is a 20-year employee of a medical practice.  As the office manager, she was involved in all facets of managing the practice, including patient care, insurance submission, and handling other patient paperwork.   Mrs. B is also a licensed practical nurse and she also served as a nurse, frequently making rounds with doctors at the hospital during her work shift. Mrs. B was injured when she felt a "pop" in her neck while assisting two co-workers move office furniture and other office equipment.

After moving the furniture and equipment, Mrs. B started to experience severe pain in the arms and neck.   Additionally, she noticed that she had numbness and pain in her right leg. Despite her pain and numbness, Mrs. B. returned to work the next day and continued working for 9 full months until the pain and discomfort became so intense at she could not function.   Finally, Mrs. B returned to the panel physician who took her out of work and prescribed pain pills and physical therapy.

Perhaps because Mrs. B has a medical background, she sensed that the care she was receiving under workers' compensation was not sufficient, so she decided to seek counsel, even though she was receiving her weekly income benefits of $500 per week and the employer/insurer was not denying her claim.

When I got involved in this case, I recognized that Mrs. B's injury was most likely a surgical problem.   After reviewing literally thousands of pages of medical records, I have a fairly good sense of which doctors I like my clients to see for various medical problems and I wanted Mrs. B to see a particular surgeon.   The insurance adjuster would not agree to my preferred doctor so I directed my client to return to her panel physician and request a referral to this particular doctor, which he agreed to do.   Under Georgia law, this referral from an authorized treating physician to another physician must be honored by the insurance carrier and the adjuster reluctantly agreed to authorize my preferred surgeon.  In my view, all parties – my client and the insurance company will benefit from this surgical referral as my preferred surgeon is one of the best specialists in the state for neck surgery.

Mrs. B underwent a multi-level cervical fusion and followup rehabilitation.   Mrs. B had expressed a desire to return to her job but, as I expected, the insurance carrier demanded a resignation as part of any settlement.  Mrs. B recognized that she would not be able to return to her past work and she authorized me to enter in to settlement negotiations.  Our final settlement consisted of cash and 24 months of "open medical" care with the surgeon

Outstanding medical bills and your credit

One of the most common sources of damage to a person’s credit is outstanding (unpaid) medical bills.  If you are injured on the job, your medical bills should be covered by your employer's workers comp insurance company.  Not surprisingly workers' compensation insurers can be slow in paying medical bills and your credit may be the casualty in such a situation.   I have been retained by several clients to handle this issue because of the frustration and anger they feel when bill collectors start calling about medical debt that should have been paid weeks or months earlier by the insurance company.

Group Health vs. Workers' Compensation: a Recipe for Confusion

Under Georgia workers' compensation law, bills relating to your treatment from authorized treating physicians must be paid timely.  The law also provides that workers' compensation insurance is "primary" – meaning that group health does not come into play when there is valid workers' comp coverage.  Sometimes injured workers submit bills to a group insurance company because a supervisor instructs them to do so or because they do not realize that workers' compensation is the primary insurance source.

If the group health carrier identifies your claim as a workers' comp. claim, it will deny coverage.  If the physician's office has coded the claim incorrectly it may send your account to a collection agency.   You may be caught in the middle trying to explain to a disinterested bill collector that your bill is covered by insurance, or you may find that the "authorized" treating doctor will refuse to treat you because of "unpaid" bills.

Recently, I represented an injured worker who found himself facing both collection and a refusal by his doctor to treat because of the outstanding balance.   When we settled this case, I insisted that a provision for future medical care must be included in the settlement.  Our settlement provided for:

• monetary compensation for my client in the amount of “X” dollars
• a confirmation that the health carrier has paid for all the current bills and will pay for any future bills from Dr. "W"
• Dr. "W" must confirm with the group carrier that he does not need any further reimbursement until further services are rendered
• medical payments and TTD continue being paid to my client pending approval of the settlement by the State Board

Please feel free to call me at 770-351-0801 if you are getting the run-around with regard to your medical bills or medical treatment.

The case of "Mr. F," a long-term employee with multiple injuries

“Mr. F” has been employed by his company for 26 years as a machine operator and is required to maintain, repair, and run the machinery he is responsible for. He also operates a forklift in order to stock supplies. As a result of his job responsibilities, Mr. F sustained significant cervical and lumbar spine injuries as well as significant knee damage. His medical records indicate that he has continued to encounter pain and problems in these physical areas.

Mr. F’s treating physician (Dr. V) firmly believes that knee surgery is inevitable and that cervical and lumbar spine pain will be ongoing. To date, Dr. V continues to provide Mr. F with treatment in the hopes of relieving his pain. Due to the fact that the TTD has been reduced, Dr. V placed the man on “no-work” status so he did not lose the original amount of compensation for being unable to work due to his injuries. PPD ratings were also assessed which will be due and payable in the future.

Given the nature of Mr. F’s injuries and the residual problems which resulted from performing his job and will continue for years into the future, it is evident that his employer and insurer are responsible for compensating the man. As a result from the aforementioned circumstances, we have demanded a settlement in the amount of “X” and are awaiting a favorable settlement of our client’s case.

An overview of DeQuervain’s Syndrome and Lateral CTS

DeQuervain Syndrome is also nicknamed Mother’s Wrist or Washerwoman’s Sprain. In more medical, technical terms it is known as de Quervain's tenosynovitis, de Quervain's stenosing tenosynovitis, or Radial styloid tenosynovitis. DeQuervain’s syndrome is an inflammation (or tendinosis) that occurs in the sheath or the tunnel which surround the two tendons which are responsible for the thumb’s movement.

Carpal Tunnel Syndrome or CTS is also referred to as median neuropathy at the wrist and is a condition that results from a compressing or pinching of median nerve in the wrist area. It typically leads to extreme pain, muscle weakness, and numbness of the hand. Night symptoms and waking up off and on are characteristics of CTS as well. The definitive or standard treatment of the condition is a surgical procedure known as carpal tunnel release.

It should be noted that although this surgical procedure effectively relieves the symptoms of CTS, established nerve dysfunction in the form of atrophy, constant or “static” numbness, and weakness are all permanent. Ironically, most CTS cases do not have a specific cause, and some individuals are predisposed at developing the condition based on genetics.

Workers’ Compensation case involving repetitive motion injury: The case of “Ms. C”

Our client, Ms. C, was diagnosed with bilateral CTS as a result of her repetitious work in cake decorating. According to Dr. D, she was diagnosed with “bilateral DeQuervains tenosynovitis and ulnar nerve injury.” As a result of Ms. C’s injuries, she underwent surgeries on both wrists. About 6 weeks later, she went through surgical procedures on the left wrist – carpal tunnel and DeQuervains release surgery.

Ms. C continues living in pain today, even after the different surgeries were performed. Pain is prevalent especially in the hand, at the incision, and in the wrist area. She is currently undergoing physical therapy and has limited range of movement (ROM) as well as the pain mentioned in the above areas. It is evident that she will continue to remain under medical care as well as receiving TTD for quite some time.

Given the residual problems that exist and her surgeries, the PPD (Permanent Partial Disability) rating of each wrist is 10%. Additionally, due to the repetitive nature of Ms. C’s work, it is very obvious that her capacity to perform her job has been severely limited and she will experience continued levels of pain. As a result of her case, we have demanded “X” amount in her Workers’ Compensation case and are awaiting settlement

What is Reflex Sympathetic Dystrophy?

CRPS or complex regional pain syndrome as it is technically known by is a progressively chronic disease that is characterized by changes, pain, and swelling of the skin. It is a disease which to date has no cure and has been divided into 2 categories (see below). Nerve lesions are often present after the injury has occurred.

CRPS Type I was originally called RSD or Reflex Sympathetic Dystrophy, and Type II was originally known as Causalgia. The key difference between the two types is that Type I does not typically result in nerve lesions whereas Type II displays significant nerve damage. Not only is there no cure for the disease, there is no apparent cause to this condition. Injury followed by surgery is typically a precipitating factor. However, there have been cases documented that show no injury actually occurred to cause CRPS or RSD.

Workers’ Compensation and RSD: The case of “Ms. F”

The case involving Ms. F, a Macy’s sales associate, is one in which she suffered an RSD injury as a result of a heavy sales sign falling from a display table and injuring her left ankle. Her pain was immediate and she was taken out of the store in a wheelchair. She was taken to the ER at a local area hospital where she was diagnosed with a contusion and laceration of the left ankle. Upon receiving her diagnosis, Ms. F was then taken to urgent care for further treatment. Unfortunately, her pain was not reduced.

Ms. F was then referred to an orthopedist (Dr. C) who treated her in conservative fashion. However, this did not diminish her pain levels either. Additionally, she was unable to walk. As a result of her inability to walk and her pain levels, Dr. C ordered an MRI which revealed the extent of the damage to her ankle. The metaphysic area of her distal femur had a small lesion apparent in the MRI. Dr. C determined that this was indicative of an RSD injury and he then referred Ms. F to Dr. L who performed NCS (Neurocardiogenic Syncope).

Dr. L determined that Ms. F has suffered a “2nd degree left peroneal motor nerve injury distal to the ankle.” In simple terms, my client had sustained permanent nerve damage due to the work injury. Her injury had already required extensive and costly treatment, and it would likely continue to do so.

To this date, she is under a new doctor’s care; Dr. L referred her to a RSD specialist. The client has been unable to work since the date of the incident, and it appears that she will be out of work indefinitely. Based on the above circumstances, our firm demanded “X” amount as a settlement for Ms. F’s case, and we successfully got our client the settlement she needed to cover the costs of ongoing medical care, lost income from not being able to work, rehabilitation costs, etc.

The Workers’ Compensation case of “Mr. B”

Mr. B was injured on the job when he lifted roughly 100 pounds of rubber materials. He injured his back as a result of the accident, and he also reported pain radiating down into his legs. He was referred to Dr. G for immediate conservative care, and soon after initial treatment, the client was referred by Dr. G to Dr. C for lumbar spine surgery. The goal if surgery was to repair a herniated disc and relieve his continual radiating leg pain. Once Mr. B successfully completed the rehab phase of his treatment, he returned to his place of work roughly 3 months after the surgery was performed.

Unfortunately, Mr. B was only able to work for 2 weeks; his back and leg pain flared up again, preventing him from working. Dr. C placed him on “off-work” status, and the client stayed out of work accordingly. According to medical records, both doctors G and C agreed that his injuries were work related, and both persisted in obtaining authorization from Workers’ Compensation.

However, a problem occurred in this case. The employer discouraged our client from pursuing workers’ comp benefits based on his job accident. Rather, the employer insisted that the employee take the issue to his own insurance carrier and file it as an LTD (Long Term Disability)/STD (Short Term Disability). This is highly illegal, especially since there was clear evidence that our client had been injured on the job. Even early paperwork from the employer indicated that this was a job injury. Therefore, according to Georgia workers’ comp law, out client was clearly entitled to workers’ comp benefits.

When we stepped in, we helped our client realize that he indeed needed to pursue his workers’ comp claim and then started looking at the specifics of his case so that we could prepare a settlement demand. We helped our client settle the case for a fair amount, and he now receives TTD benefits and will be aptly covered for any future medical costs.

The point here is that if your employer tries to discourage you from pursuing workers’ comp benefits and instead suggests that you pursue your own insurance claim, then you should realize that this is illegal and that you should probably speak with an attorney who can help you better understand your claim. A workers’ comp attorney’s job is to make sure you get the benefits you deserve and need, as well as to make sure your employer doesn’t pull any illegal moves.

Stay tuned for additional case studies!

The argument would go something like this: At such and such time, you were injured on the job, at which point in time you begin exhibiting the signs of depression. The depression is clearly related to your job injury, and thus you should be eligible for Workers’ Compensation. Another example would be an individual having a heart attack due to the stress of their job, and in the aftermath developing an anxiety disorder which has debilitating consequences.

In any event, to get workers’ comp benefits, the primary condition or injury should really be physical in nature; however, mental conditions of the person would definitely be taken into consideration. Just know that for the most part, it must be proven that the mental condition was a direct result of a work environment that was not normal or a specific triggering event/injury.

Which leads to a last point – you will need evidence to show that this is the case. Naturally, something like a psychiatric evaluation would be required in order to determine whether a mental condition exists and whether it resulted directly from performing one’s job responsibilities.

Mental Health Issues and Workers’ Comp Case Study: The case of “Ms. D”

Ms. D experienced a head injury while on the job and was treated for it. However, she has been plagued with recurring headaches since the injury and treatment occurred. According to Dr. X, Ms. D suffers from continual headaches, and medical reports show that the headaches appear to be a direct result of the original injury and the medications taken as part of treatment.

In addition to the above, though, Ms. D is also anxious, depressed, and having difficulties sleeping. Consequently, she was fired from her 25-year job and hasn’t worked since. To deal with her mental health issues, she needs psychiatric care for depression, and relaxation techniques as prescribed by Doctors X and Y. She has been placed on “no work” status, and the net result of all of this will require that she receive TTD payments.

As her lawyer, I looked at all this information and was able to argue for a clear connection between the initial traumatic injury and the ongoing headaches and psychiatric issues. Treatment for both of these ongoing issues was pricey (we reviewed the costs and quotes for ongoing care), and we calculated a settlement amount for our client based on future medical care, follow-up appointments, future medications, and TTD requirements. Based on all the above, we demanded settlement of “X” amount on behalf of Ms. D’s and were able to successfully settle.

In conclusion, this was a case where we were able to get compensation based partially on mental health issues, but the key was clearly tying those issues to a physical event – in this case an on the job head injury.

As you may already know, Workers’ Compensation insurance is one of the most widely accessible entitlement programs in the US today. It is most commonly referred to as a series of paid benefits available to any employee who is injured on the job or becomes ill as a result of performing their jobs. Federal and state laws require all employers to provide Workers’ Compensation benefits to all employees, and it is usually available through a private carrier. Additionally, employees are paid these benefits regardless of whose fault the accident or injury is.

Workers' Compensation insurance can cover occupational diseases and injuries like asbestosis/mesothelioma, repetitive motion  injuries, and even injuries to the immune system due to exposure to any number of allergens or toxins. In the following workers' comp case study, for example, my client sustained severe and debilitating injuries to her immune system due to work-related exposure to latex.

Latex allergy case involving hospital worker

A hospital employee, we’ll call her Jane, recently filed a Workers’ Compensation case with us due to how sick she has become because of an allergenic reaction to latex encountered on her job. Beginning in 1986, Jane began working for a hospital pediatric oncology/hematology unit as a staff member. She was well-liked by her fellow employees and was considered to be an excellent employee.

However, she began experiencing a variety of symptoms such as breathing difficulties, discomfort at work, and severe headaches. At that time, Jane was referred to the employee health department, where she would be diagnosed with a severe latex allergy after numerous tests. This allergy has impacted her life severely and resulted in ongoing health problems. She initially took a 6-month leave of absence from her job, receiving no TTD (Temporary Total Disability) while she was not working.

In order to avoid any contact with latex, when she returned to the job, she took a position in the hospital’s call center. Three months later, she encountered another allergenic reaction to latex while working the call center and left that department. Although her employer subsequently set her up to work from home with cables and wires attached to a computer modem, the cables were coated in latex and she had yet another flare-up. As a result, she can no longer work at all, as her latex allergy has severely damaged her immune system.

Today, Jane cannot work, and she is currently taking a number of medications as a result of her allergy to latex. These medications include Adavair, Albuterol, Nascort, Singulair, and Toanex. As if these weren’t enough, she has been forced to carry an Epinephrin pin with her at all times.

On a closing note, where the above case is concerned, we demanded “X” amount in order to settle the case once and for all, as well as see to it that Jane is compensated for what she has endured and how her financial earnings and future have been severely impacted by her work-related injuries. This is why it pays to have a workers’ compensation attorney on your side; we can help maximize your benefits and medical care and help settle your case to that you get the best outcome possible.

When her initial workers' comp benefit was calculated, she was awarded a weekly TTD benefit that was a gross underpayment when you looked at all the care she needed and the specifics of her case. After a careful review of the case, it became obvious that her benefit was mis-calculated due to her position as a waitress – where a lot of the money she brought in was due to TIPS.

You see, many times servers and bartenders and other workers who bring in significant income from tips end up experiencing improper wage calculations and mis-calculations of benefits owed when in pursuit of workers' comp cases. The same is true for workers who work off commissions or receive large bonuses.

In my client's case, we were able to get her the benefits she deserved (we ended up securing higher TTD benefits, plus TPD and PPD as well), and we were also able to re-calculate her wages to reflect a more accurate picture of what she had been making at the time of the accident. This is why it pays to have a workers' comp attorney helping you with your case – we see these situations often and can often help you maximize your benefits.

In any case, the tip of the day is this: To anyone bringing in significant income from tips, commissions, or bonuses, KEEP GOOD RECORDS in the event that you are one day injured and have to pursue a workers' comp case!