Do I have a case?

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jimreeves00

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I currently work part time as a ski/bicycle tech for a large sporting goods store chain. I also am a freelance videographer.

Summary: I have had a series of back injuries at work, received some very simple treatment then released, I felt my back never healed. Never stopped working, back recently got worse, new series of simple treatments, back didn't get any better. Finally received an MRI, showed two herniated discs. My doctor says I need injections or surgery, but the Work Comp Doctor said I just have chronic back pain and released me.

More Details:
Oct 1999: Working full time for Sporting Goods store, I had a Work Comp case for a herniated L5 disc. Treated and released, my back has never been the same.

Since then I have worked off and on (seasonal part-time to full-time management), for at least some portion of the year, every year for this same employer.

Nov 2009: Same employer, working part-time. Started have back spasms that made me miss a day of work. I called and told my immediate supervisor, she just told me to rest and take it easy. After a few days I felt it was more serious and persisted with a desire to see a Work Comp doctor. She then got on the offensive and started to manipulate me. I just rested and did not want to make a big deal out of it.

Jan 2010 another back spasms with the same situation as before. Supervisor started to make threats with my schedule if I filed Work Comp. Around this time the store's main manager had a heart attack and we were without a Main manager for some time.

Feb 2010 Major back spasms and I insisted on Work Comp doctor, a new manager filed the claim. The difficult supervisor quit and moved to a different state. Work Comp doc said it was just muscle strains, 8 weeks of PT and some acupuncture and then I was released (May 2010). When the doc released me I told him I was only 80% of where I was before the whole thing started. He just told me I would be fine and to return to my normal active lifestyle.

June 2010 Tried to return to normal activities, developed plantar fasciitis, that took four months to go away. My back spasms had caused my hamstrings and calves to tighten up which caused my plantar to tighten as well.

Dec 2010 Tried snowboarding for the first time since the original injury in Nov 2009. Back was weak, never felt strong. Stopped snowboarding.

Jan 2011 Back spasm returned after work, small one, was "encouraged not to make waves". Still no snowboarding.

Feb 2011 Another Back spasm right after work, bigger one, which caused me to miss a day of work. Again, was "encouraged not to make waves". I saw my own doctor, a spinal specialist. He gave me an oral steroid and recommended an MRI. Steroid helped and I continued to work, but still no snowboarding.

April 2011 Had to hold up a canoe at work, shooting pain in my back from the lumbar down through the legs. Another spasm at night, I emailed my boss (new and different manager) and insisted on Work Comp. I saw the WC Doc, same clinic but different Doc from a year ago. He again said just a lumbar strain, I began to develop no confidence in him. After 5 weeks of PT, an oral steroid, and no improvement: the WC Doc finally agreed to an MRI. The Phys Therp that was treating me had requested one for me three times already. MRI came back showing two herniated discs, L4 and L5. I saw my own Doctor, a spine specialist, for a second opinion. I was able to get an appointment with him before I saw my WC Doctor. My Doc stated that I need either spinal injections or surgery. Finally saw my WC Doc, he did not even bring up the MRI or its results. He stated that I am "back where I need to be" even though I had gotten worse over the last three weeks. Also, he stated that I just simply have chronic back pain and released me. He told me that if I wanted further treatment I would have to sue, and then he left the room.

Again, I work as a ski/bike tech. I have not ridden a bike in nearly two years and have only snowboarded a few times. I cannot sit or stand for more than 20 minutes without back pain. This is also effecting my work as a freelance videographer.

Do I have a case?

Thank you!!!
 
You should seek out, speak with, select, and retain a workers comp attorney.

The attorney gets paid by WC.

Follow your attorney's advice.

Your attorney will see that you are cared for properly, if things are as you describe.

But you must do exactly as the attorney says and the physicians he sends you to see.
 
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