Getting Womped - What's Wrong with Comp Part 2

Saturday, November 22, 2003 | 0

Every once in a while, someone writes in to the workcompcentral editorial office with a question or opinion, and sometimes, as in this case, what is submitted originally as just someone's thoughts on a topic in fact is expressive of a population's collective feelings. Henry W. Coe Jr., an injured worker from Pensacola, Florida, expressed his feelings about work comp reform. Not only did we think that Mr. Coe expressed what many injured workers feel, his opinion is distinctly timely given the state of crisis in many workers' compensation systems. Mr. Coe was kind enough to grant us permission to publish his piece, and we felt his opinion was important because those that are in charge of work comp tend to forget what the system is for. Mr. Coe's editorial is important because he tells us why he was driven to litigate his case, and, like most people, how he just wants to return to being a productive member of society.

This is the second in a two part series (Part 1 here).

I have been doing as much research on the Internet as possible over this time span in researching my medical problem (herniated disk) in the interest of treatment and understanding where I hurt and why. I was also interested in exploring the different treatments that are available.

If I had the money I would have made arrangements for a disk replacement long ago. But standard procedure for workers' compensation cases in our jurisdiction is disk fusion. Unfortunately a fusion will increase the work load on the disks above and below by 30%. The odds of having more back problems in years to come increases for most people with disk fusion as opposed to a disk replacement. I have seen articles that mentioned a risk of permanent nerve damage when treatment is longer than six months.

I also wanted to see if I could get some support out of anyone for what I'm going through, both in terms of understanding and in treatment. In particular, I was interested in sharing an experience I had a couple of months ago that has caused me to have to walk on crutches when I walk for any distance more than 15 to 20 feet.

In my research and education over the last year my political position has shifted. I have been an independent since 1992. I decided to become a democrat earlier this year. I see a definite need for change. I also didn't like not being able to be more effective in the primary election voting. I went down to the Voters registers office to change my party affiliation, downtown. Quick, simple it was very easy. On the way back to the first floor, I was very surprised when the elevator went about 4 or 5 inches below the floor and then popped back up. I was standing with most of my weight on my right leg and using a cane on my left side for balance. As the elevator changed directions, so did I. My right leg very quickly gave out from under me and I fell back and caught the wall with my hands and my back, just below my neck.

Later that afternoon, after a doctor appointment at Sacred Heart, I had to get them to help me with a ride back to my vehicle. (Thank you again Sacred Heart, big thumbs up!) Later that evening the pain started increasing and by Monday I realized it wasn't getting any better and I have been using the crutches ever since. The more I am on my feet the more I hurt.

I told the doctor's office I had been to what had happen, but they would not give me medications until they have received authorization for surgery. I called my orthopedist and they said they were PRN at this point (whatever that means).

I then called my former paralegal and she said she could make a doctor prescribe meds. I called the other doctor back and they researched it and found out the doctor who did my epidurals several months back was my pain management doctor. The same doctors office had told me last time they filled script that I needed to use the orthopedist for prescriptions next time.

They resentfully filled 1 script for Lortab 5, which didn't help much with the pain but kind of made me where I didn't care so much.

When I was near being out of those I called the my pain mismanagement doctor's office back and they said the doctor would not prescribe more pain meds but they said they would call in for Lidoderm patches. When I made it to the pharmacy the next day (which took great effort to do) they didn't know anything about it. That was a Saturday. Monday I called the doctor's back. I don't remember who did the screw up, but they called it in.

I went and got the Lidoderm patch. If I had had shingles they would have worked great. They don't do anything for nerve pain running down your legs though.

I called the doctor back but they refused to give me anything else and the appointment they made for me to see the doctor was still about three weeks away.

That wasn't going to work.

So I went by the doctor's office and gave them a print out of the Internet about what Lidoderm patches are used for and told them they had to do something. They gave me something called Ultracet, which turns out is great if you have a sprained ankle or a muscle strain. But it gave no relief for the back pain I was experiencing.

I went back with a print out off the web about what Ultracet is used for. I explained my symptoms and my problem again and they got an RN to come talk to me and I explained again and she said what about Nuerontin? I said never heard of it. She said it was for nerve pain. I said "sounds like we would be going in the right direction"

I went to the pharmacy, got the meds, went home, took one. Then I got on the Internet and I started to research it. Nuerontin is a nueropathic inhibitor. What I learned about it is it builds in your system like an antidepressant, and is used for people with Bipolar Disorder as a mood stabilizer.

I took 300 mg three times a day for a 15 day period.

I couldn't drive. I was interested to see if the psychological aspects of it would help me. The only thing it did was make miserable and flaky. Didn't help with pain at all. I then called the doctor's office back but they wouldn't help anymore than they said they had.

I canceled the appointment for the following week and sent the doctor a message expressing my gratitude. I was actually really angry at how I had been treated and the fact that my pain was still way up. I was worried quite frankly that I was going to hurt myself beating the doctor with my crutch for the last month of hell.

In work comp you can't just go to the ER. It's like a heavily micro managed HMO. I got a new attorney and put in for the one time change of doctor that I am allowed through Florida law.

That process takes up to 60 days and I'm still waiting.

There also doesn't seem to be any realistic method of due process through work comp. They made the laws so you can't get anything for pain and suffering and that is why I'm asking for the support. I'm not interested in going after the county about the elevator. The county budget is tight enough as it is and this was a pre-existing condition.

If I had been getting treatment through the same health care system as everyone else that isn't on Womp, I probably wouldn't have been down at the court house in the first place or I would have been about 7 months into recovering from surgery that I'm waiting for.

I also want folks to know as far as meds go, I requested non-narcotic meds initially: they helped me get to sleep, but that was about it. I've just had a lot of days I don't do anything to compensate for days I'm on my feet a lot.

Only one other time have I had a script for Lortab 5's and that was after my condition had been aggravated by techniques used by a physical therapist in an evaluation. I asked the doc for them because I wanted to have one day that I didn't have to feel my leg. Didn't work, but did help a little.

I just want folks to know I'm not sitting around having a pill party. I want them to know this stuff needs to change. No one else in our state should have to go through this.

Its not a perfect world and since in Womp I've been getting a separate health care system with a separate legal system. Free speech is about all I have left.

There needs to be caps on the amount of claims case adjusters are allowed to handle. This would make them easier to deal with and make health care more efficient. In addition, actual criminal charges for ethical violations in the mistreatment of injured folks should be a part of the system. We punish citizens for neglect of children and of elderly. Why do insurance companies get away with what they do while people suffer?

I found an article at the Florida Chamber of Commerce web site. In this article the topic is Governors Task Force on Work Comp for First Responders. This task force wants to fix Womp so it is fair for the people that put their lives on the line for us (emergency personnel). There are a couple of observations I have about this. One is this task force describes Womp as being unfair. Two, they only want to fix it for a specific group of employees, not every tax paying employee in our state. I can only see this as taxation without representation. For my legislator to be working on a problem I'm having, but not for me, straight up ticks me off. I'm a squeaky wheel and I need some grease.

I'd like to get back to being a productive member of society.

I think the real motivation behind this task force has to do with lowering cost for the Womp on these high risk jobs. I don't think they will make the health care end of getting treatment any better, but it might be cheaper. I'm sure insurance will recoup the cost from local small business. The making it more fair just has to do with suckering first responders out of their vote. They are supposed to be representing all the taxpayers anyway.

Everyone should talk to someone that has experienced work comp for a severe injury. From what I have seen, the worse the injury the worse the treatment.

Article by Henry W. Coe Jr. of Pensacola, FL. He can be reached at Hwcoe@aol.com.