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Old 05-25-2008, 09:21 PM
mrxtramean mrxtramean is offline
Junior Member
 
Join Date: Feb 2008
Posts: 14
15 yr Member
mrxtramean mrxtramean is offline
Junior Member
 
Join Date: Feb 2008
Posts: 14
15 yr Member
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I'm from Oregon and I'm an injuried worker. I'm fighting our so called "trailblazer" workers' comp system. Oregon is said to have one of the best workers' comp. laws in the nation. But, in my opinion, best for the insurance/employer and not the injuried workers.

I will soon be putting up a website to help Oregon injuried workers' at oregonworkerscompensation. net. I have lots of information, but at the moment, dealing with my own case.

I had a lifting injury in 2002. Extruded, free fragment, herniated nucleus pulposus at L5-S1 with lumbar strain. I filed for aggravation in 2007 and was denied.

For all injuried workers.
1) Get an attorney asap. It does not matter how bad your injury is, get one.
2) Ask multiple physicians, a physical therapist, a chiropractor, your primary care physician and your specialist (if you had one), "What can I expect my condition to develope into in 2-5, 5-10 years? Is my condition degenerative now or will it be? What should I do to protect me from future 'worsening' of the injury?"
3) If you have a herniated disc, your disc motion unit ( www .chiro.org/Vertebral_Subluxation/Anatomy_101.shtml) will degrenerate faster than normal. In my opinion, this is what the claims examiner/insurance co. hope for because then they can deny your claim for aggravation based on injury not being the "major contributing pain factor", it becomes a "pre-existing injury" and a "combined injury". You should get the attorney, if possible, to get claim to except "degenerative disc disease". It's not really a disease and the classification needs to be changed. I'll much to say about DDD on my website. DDD is a "catch-all" phrase and the pain from which the IME (independent medical examiner) says you have may not be from DDD but from a multitude of conditions.
4) Read your states law on workers' comp. and it's statute changes.
5) Have your doctor log everything! If it's not in the medical records, then it's harder to prove.
6) Claims examiners work for the insurance company, from which your employer has bought a policy from to deal with their injuried workers. The claims examiner, in my opinion, is not the "good guy/girl". They do not work for you, but against you. With that said, my claims examiner is nice, but she still works against me.
7) Doctors suck. Many do not want to deal with workers comp claims, many do not want to take the time to deal with direct issue's because they're too busy following "medical guidelines/protocol". A private doctor might be your best choice, as they will be able to focus more in details. A clinic doctor gives your 15 mins, is too busy with patients. And for hearings, a specialist will provide greater "persuasive" weight against the insurance companies IME.
8) IME's are supposed to be "un-biased", but when they are paid, like mine were, $13,000 between the 2 IME's and the office visits for both were under 90 mins, you know you will not get an "un-biased" examination.

I applaud you lefthanded for trying to help. Injuried workers are blindsided and left to think all will be well when their claim closes, but that's not the case. In many cases, like mine, depression, stress and on-going painful conditions will limit your range of motion, life qualities and your ability to function like you did prior to your injury. Just be aware of this and ready for it.

Lefthanded, tell injuried workers what they really need to know to get the help they need with their present pain/injuy and their future aggravation conditions.

Thank you, MrXtramean. No struggle, No progress.
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2002 full central HNP. No surgery. Chronic pain to current. 2007 new conditions. New MRI shows HNP resorption, no neural element impingements. LBP worse, burning feet and more....
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