Cervical surgery and loss of work

[KristinN]

I had posterior hemi/lami Sept 2008 and just learned I will need anterior fusion soon.  I was a medical transcriptionist and have been unable to work and sounds like this will continue.  Has anyone in a similar job found any recourse after work comp claims "not job related" as I hunched over a keyboard for hours and years on end and I find it illogical to go back to the same thing that caused all of this pain etc to begin with...

[missy142]

Hi Kristin,
I am on worker's comp as well. I sat at a desk all day on a computer and phone as nurse case manager.  I have 2 herniated disks in my neck pressing on thecal sac, ddd, spinal stenosis, lumbar stenosis.  I also have an L5/S1 herniation that I am dealing with with serious symptoms. Fortunately i havent had surgery on my neck although my surgeion wanted to do it, I had good sucess with 2 epidurals. Lumbar surgery is still pending.  WC is extremely difficult to deal with.  The way it works with me is, obviously sitting at a desk does not herniate disks and everyone knows this however the argument is  prolonged sitting  was the cause of my symptoms, so THERE IS causal relationshiop to the job duties I performed and my injuries, and I had function before and now i do not. It is much more difficult with an occupational disease situation with workers comp. than it is with a blatant accident.  If you dont have a workman's comp attorney you should get one asap.  I have had one from the beginning 10/08.

missy

[kittyluv1]

Oops!  Just noticed that you mentioned cervical surgery in your heading!  It just seemed more related to the lumbar area as most cervical surgeries these days are done with an anterior approach initially.  Anterior approach allows better visualization of the affected disc and gives the surgeon better access to ensure that all possible bone spurs etc are removed.
Sorry about the mixup, but my questions are still pertinent.  

[kittyluv1]

From your post it is sounding like you had lumbar microdiscectomy which did not fully relieve your symptoms.  Thus the need for followup anterior fusion.  
I would like to know how the "not job related" decision was reached.  Did this result from a QME exam, a review by the judge advocate for work comp claims?
Did they completely close your file?  It seems you should have some mechanism to appeal this decision if your treating doctor validates his findings.
Give us additional information and we might be able to assist you further ----