Workers Comp Help
Spinal Injury Suffered By Mining Company Worker
Hi. My WC story begins most likely in Dec. of 97. This was the first sign that I just might have a strain injury. I worked for a mining company as a Lab Tech. We did rotating work in different departments Fire Assay/Wet Lab/Leco/Sample prep.
All of the areas did have times when we were required to lift heavy loads but the most strenuous work was in sample prep. We would bend and mix 5 gallon buckets of slurry (mud) from the mills then pick them up and pour them through a separated to come up with a homogeneous mix to run tests on. We did the same with hard rock sample in bags that weighed 25+ lbs and crushed those in a pulverizer where the rings and bowl new weighed 32 lbs. So was a lot of repetitious work.
We started having more and more cutbacks and more and more work was added so that we all had to go to work in all departments just to help each other get the jobs done. Dec. of 97 I felt a strange stab in my back that was strong enough that I thought I should make an incident report. Supposedly this would go to Loss Control and be reviewed and if seen as important would be addressed. I was well again in a week and only suffered some mild soreness in about the waist and hip of my back. This was never seen as important. All went well and I didn't think a thing about it. In July of 98 I was doing a pour in Fire Assay of 2000 degree sample which the crucible got stuck and I was trying to release the crucible from the tongs.
When 2000 degrees hits a cool concrete floor the liquid shatters and little balls of slag bounce across the floor. One of the balls bounced when I splattered some of the slag and bounced on my leather work boot with a synthetic tongue. It burned right through the tongue and I had 1st 2nd and 3rd degree burns over the top of my foot from the ankle to the toes. It wasn't known weather I would get skin growth and was a possiblity that I would have to go to a burn unit for skin grafts. My company was really upset I had a reportable accident. I was released for light duty. They sent me back the first day to work in the Wet lab. Here I am with bandages and a shoe all untied and sent to a place where we worked with many acids/chemicals/reagents that could very well be spilled yep onto that burned up foot.
I was released for light duty and was a requirement that I have a place to elevate my foot. I was having to go daily for debrading on that foot. We are from the wide open spaces of the high desert of Nv. we had 3 drs and would just be in to see either of the 3. So I saw Dr. #2 who did not like the looks of the burn and took a culture to make sure it was not infected and was ordered to stay home until it was sure that the burn would heal. This was faxed in and upon reaching home I had a message waiting saying they were taking me back to Dr #1 and I was released again. I was brought before a group and was badgered into admitting that the injury was due to my negligence. I kept insisting if it were required to wear leather safety boots with only leather tongues I would not have been burnt for the hardness of the leather would have caused the slag to bounce off.
Somehow it got back to the tongs that they said I should have known better than to use because they were old and faulty that I should have reported this blah blah blah. I mentioned that in safety it is never a matter of black and white but shades of gray such as I was reporting that one Dr. thought it was not safe for me to be at the mine site on light duty because of the chance of infection being the #1 problem with bad burns. I was ordered to do light duty in the main office.
I was given a work space that was L-shaped with a monitor in the L a keyboard straight ahead and the only way to read what I was typing placed at an awkward angle that twisted my spine in an unusual position and then with the healing of the burn that was tugging it was uncomfortable in any position but elevated. I would go to the hospital for the debrading complaining of how the light duty was killing my lower back. It was exactly 2 weeks later on a Wed. Aug 5, 98 that my L5 S1 disc blew. It was only will power that kept me sitting and standing that day. I reported this at 9:00 AM to a safety man.
Now it was policy that all accidents no matter how small even a paper cut be reported. No report was written right away and I was told you are shitting me right. Which I said no I pulled something in my back I felt what I thought was a snap. I finally called my direct supervisor and he was very angry I ended up at the mine site from the time of accident until after 11:30 before I was taken to the ER. It was also policy that all back injuries were to be taken out on a back board. This did not happen for me. That day it was said I strained a muscle. The next day I could not get out of bed I was called and said I would be taken back to the ER where once again it was only sheer will power that got me up. It was so obvious I thought to all that something was drastically wrong again it was said to be muscular pain. Was told to rest for the weekend but I was expected to return to light duty Mon.
That weekend I was so scared and in so much pain I had to crawl into my back seat and was taken to a chiropractor by my husband. He would not touch me and said I needed a medical Dr. Once again on Mon. I called and said I could not walk. I was warned that it was the law and I had to show which I just said fine send me a ride a wheel chair and a cot and I would come for I could neither bear to stand nor sit. Was called and was told they would be taking me 220 miles one way to a specialist. I could have cared less as long as no one would make me move. The specialist took x-rays ordered an MRI for that day. Told me severe pain was normal for what he thought ailed me. I could no longer stand and walk after that appointment and had to be wheeled into get the MRI taken. I told them there was no way I could lay flat for the MRI I was told nonsense people worse off than me with spinal injury could lay flat. I insisted I couldn't but was told I had to or would have to return. I did it because I could not face coming another 220 miles for the test.
Meanwhile the following weeks appointment was cancelled as inconvenient for the safety department. I still had to report in wheel chair for the daily debrading and appointments for the burn everyone acted like this was not unusual for me having to be wheeled in day after day. My pleas for help with pain were left unanswered by my Drs. office. Surely if this were not the norm someone would say this was too much to take. It was 5 weeks before I had my second appointment to find out what was wrong with me. I was told and it was said pain like mine was normal and by this time I was relying on the better back books that I thought yep just everyone suffered like this. It was 9 months before I had my first surgery. The least amount was done for I was forced to choose which hurt worse my leg or the back. I kept insisting they were equal but no I had to choose 1 and I chose wrong.
Two months post-op I was once again crawling. We had to call 911 and I was taken in and the OSS was notified he said this was just normal post-op pain to just release me. I was pushed head first into my car and crawled into my house on all fours and camped in my living room for a week. I was mad and called and was told this is just strain/normal not one test was ordered. In a week I was able to get up but the pain was huge. I could not understand how this could be acceptable but it was and I continued month after month saying the same things then in Aug.
I was told the best thing for me was to get my life back and go to work, that it was not believed that my back was that bad and it would be a waste of insurance money to order tests. I said I would never sign off for the pain was unbearable and no way I could work. I was given a month to search my soul and decide if I wanted to waste that money or not. Right then I wanted to quit but my husband would not let me. The tests were ordered it showed a collapsed disc space at L5 S1 a bulge at L5 L4 and another herniated disc at L4 L3. I should have been devastated for the spaces the first time were well hydrated with good spacing but I laughed and laughed in relief. It took 8 months for my second surgery anterior fusion with BAK cages at l5 S1 and L4 L3 the bulge left at L5 L4 no fixation.
At first I did pretty well even though 9 days post-op my staples were removed and I was all red and this was noted but not one test was run to see if I were infected. It was 220 miles to have the staples removed and 220 miles back home. They were removed on a Thurs. and I was too spent to notice until Fri. evening that I was starting to split. I knew my phone calls would not be returned I just did not bother. By Mon. it was pretty bad and I called first thing. Was told the Dr. was in surgery and they would be getting back to me. By 5:30 my husband once again said no more and took me to the ER.
I split all the way open and cultures were taken. I had been infected. I have always been a little hefty but through this whole ordeal I have been made to feel like I am a 500 lb moose. All my probs have been blamed on my weight including this splitting too. It was months of taking anti-biotics and changing dressings 3 times a day. I had my second surgery Jan. 2000 by the end of April I was a little disappointed for I had started to head south with this surgery too. I just thought I could bear no more.
I had to run around and sneak a peek at my x-rays imagine my horror I saw three cages that looked alike and one that was only half the size! I asked the tech why? He said that sometimes different size cages were put in to compensate for the height needed or something like that. I was relieved and asked if he saw any bone growth which he assured me he did. So I went in with my plan to ask to be released. I had had enough and just wanted to lick my wounds in peace. I was told no I would not be released I might have a problem with movement and I was to stop walking no home exercises and we should know in a month or two. I'll tell you I was relieved I was validated and all would be taken care of. The next month was told that tests would be ordered. The next month the same. By this time pain was from head to toe. It had been two years with me being a trooper with only 3 Lortab 10's a day for relief.
I just could not take it anymore I went to my PCP and begged him to tell my OSS how bad the last couple of years have been. I don't know why instead he referred me to a PMD maybe this was because my OSS has never addressed my problems at all. I had never asked for anything either but I was at the end. I could take no more. I went to this pain Dr. who prescribed 3 different meds I took these prescriptions into my OSS and told him I could not endure anymore I told him how he ignored all this stuff with my upper body no tests were being ordered I couldn't do it. He asked why my PCP had not called him for he is the attending they have a cervical guy blah blah blah, he started barking out orders for an appointment to his partner for the tests to be ordered blah blah blah. I wrote to the PMD and asked if he would take me after I was done with the lumbar and he agreed.
In the meantime I had sent out my old tests to a Dr. who is said to be tops with the BAK cages and revision surgery. The next appointment all was forgotten and not one thing was mentioned about anything ordered the month before. I called the PMD and asked if I could fill the scripts and see him I truly could take no more. I requested to be able to get a second opinion and have the testing done with this revision specialist. I still went for my 10 min. appointments where he would say he would order this test or that and I said I was waiting for an okay for a 2nd opinion. I asked for the 2nd in June Thanksgiving week I was denied that 2nd. Now my OSS will not order the tests until I appear before him for?
My WC carrier sent me a letter leading me to believe that I had been referred for pain management to my chosen PMD and said they had requested all my records. All treatments have been denied. I was told to report to my OSS for testing or they would assume I preferred to stay as is. I had asked for a 2nd before my 2nd surgery but that was denied as unwarranted. They are still paying me in a timely fashion every 2 weeks but I just received an extremely past due bill from my OSS. This is the first time I have gotten a bill and did not realize he got paid $170.00 for those 10 minute visits monthly.
My PMD says what has happened to me besides no bone growth on one of my fusion levels is I have come down with a disorder that has caused my nervous/immune? system to go haywire. In his opinion oral meds are not going to do the trick. He does not believe I will ever be able to work and he is confident he can get me to a level of comfort at home with the implantation of a pump delivering medication. My reasoning and short term memory are shot. For now there is no cure. I have never been depressed in my life and now I am I am often very agitated when I once was the most even tempered people around.
When I talk to any about what has happened to me I melt into tears. I've always been so proud and not one to cry much. So now I am reduced to unbearable pain, no self esteem and wondering how I the most compliant of people could be treated in such an inhumane way because I dared not once but 2 times to have a reportable and a loss time accident at work.