Re: life after surgery

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On 5/27/05, michelle a wrote:
> I was injured dec of 2004, lifing a patient. I herniated
> a disc in my neck, and have one bulging still. 2 weeks
> ago I had surgery, fusion of c5 and c6. My neurosurgeon
> says the rupture was so bad it tore the ligaments in my
> neck. My problem, I have heard that most peoples pain is
> gone after surgery, pretty much immediately, I'm however
> continuing to have severe back pain and pain extending
> down my right arm, my doctor has put my and steriods, and
> is trying to get workmans comp to approve physical therapy
> to start immediately. Is this pain normal, or was I
> expecting to much from the surgery. Also, WC approved my
> surgery first go around, do you think I will have any
> trouble with a settlement? I do have a lawyer now. I
> live in Kentuky and really don't know what kind of
> settlement to expect, what is reasonably, I only worked
> parttime as a nurse and made maybe 18000 a year, I'm
> 35years old, any ideas on what to expect??
>
> thanks

EVEN IF YOUR HOURS WERE PART TIME HOURS..YOU STILL MADE A
SUBSTANTIAL INCOME($18K). I AM SORRY YOU GOT NO RELIEF FROM
YOUR SURGERY. BACK SURGERY SOMETIMES IS A LUCK OF THE
DRAW..SOMETIMES IT WORKS..SOMETIMES IT DOESN'T!! BEING THAT
YOU'VE BEEN ON WC FOR OVER 1 YEAR AND HAVE A FAILED
SURGERY..WC MAY TRY TO SETTLE YOUR CLAIM OR SEND YOU TO AN
IME(ONE OF THEIR HIRED GUNS) TO TRY TO PUT YOU AT MMI OR
REDUCE YOUR COMP RATE.

AS FAR AS SETTLING YOUR CLAIM GOES..IT DEPENDS ON A SERIES OF
VARIABLES! THESE INCLUDE: AGE, EXTENT OF INJURY, FUTURE
MEDICAL NEEDS, EDUCATION, COMP RATE, ETC.!! ALSO KEEP IN MIND
THAT EVERY STATE HAS ITS OWN WC LAWS! A RULE OF THUMB THAT
MOST PEOPLE USE IN MY STATE OF PENNSYLVANIA IS THE FOLLOWING:
TAKE YOUR COMP RATE(WHAT YOU GET EVERY OTHER WEEK) AND
MULTIPLY IT BY 26. THIS WILL GIVE YOU YOUR ANNUAL COMP RATE.
THEN TIMES THAT BY 3 OR 4 YEARS(WC USUALLY SETTLES OUT CLAIM
FOR 3-4 YEARS OF LOSS WAGES). THIS MAY OR MAY NOT INCLUDE
FUTURE MEDICAL. KEEP IN MIND THAT THIS IS JUST AN ESTIMATED
GUESS AND IT MAY ONLY APPLY TO PA. HOWEVER, I DO THINK IT'S A
GOOD INDICATOR OF WHAT YOU MAY EXPECT FROM A SETTLEMENT IN ANY
STATE(ONLY MY OPINION).

BELOW ARE SOME SITES THAT MAY BE OF HELP TO YOU. CHECK THEM
OUT AND LEAR AS MUCH AS YOU CAN ABOUT YOUR STATE WC LAWS!
REMEMBER, KNOWLEDGE IS POWER..ESPECIALLY WHEN IT COMES TO WC!!

http://labor.ky.gov/dwc/welcome.htm

http://workerscompensation.crystalgravity.com/states/Kentucky.htm