Legal Question in Workers Comp in Wisconsin

Back injury

I have a lacerated L4S1 disc since Oct 04. I have been asked to do a Functional Capacity Test & my ins nurse says to keep taking my pain meds. Won't this give them a false results? They say it's not bad enough for surgery. Do I go the rest of my life on this pain?


Asked on 1/27/07, 12:16 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Back Injury Options

You need to discuss this with your attorney or, better yet, with your doctor. A complex medical situation like this is too fact specific for any kind of general advice over the internet. My first legal question to you would be "what caused your L4-S1 disk issue?" The answer to that, however, would still not answer your medical question concerning the best future treatment for you, which I am not qualified to answer. In my experience (23 years of representing clients with back problems) back surgeries do not always improve the problem and, in fact, sometimes make it worse in the long run (and sometimes even make it worse in the short run). Back surgery is generally a risky proposition which should only be attempted as very last resort after all more conservative treatments have failed. In the worst cases, a back surgery which goes badly can result in paralysis. Conservative treatments would include therapy with pain killing medications, which have improved greatly over the years, and for which there are more options than ever, both in the type of medication and in its delivery method, i.e., via automated pumps, etc. Generally speaking, persons receiving care under workers' comp laws are entitled to a second opinion on all aspects of their care---you may therefore wish to speak with your attorney about how you can take advantage of this right. Although the insurance company will refer you to an �independent� doctor of their choosing, the independence of such doctors is often questioned due to concerns that their real purpose is to reduce the expenses of the insurer (rather than recommending the best treatment for the patient). This is yet another reason why you should have an experienced attorney who is knowledgeable about local doctors. Your attorney can help you to find a truly independent doctor who might give you a more reliable opinion which is more focused upon your best interests rather than the best interests of the company who is paying him.

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Answered on 1/27/07, 8:43 pm


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