Richmond, TX asked in Workers' Compensation for Texas

Q: Had spinal fusion last year and recently hurt my back at work. Can I get denial turned around?

I had an mri and discography prior to my surgery on my l5/s1. Mri showed no issues with l4/l5. Discography showed very minor ddd but no other issues.

Stormy night at work, power went out and I tripped over small heater. Did not fall. Then on way out side the door blew open and I reached to grab it so it didn't break and that is when I felt the very sharp pain in my back. I still have the pain, along with numbness down leg. and new mri shows a herniation now in l4/l5. Wc just sent denial saying it is preexisting and related to ddd and previous issues. Fyi. Previously not injured, just there from life. Is this something that can be fought or am I wasting my time. I am in pain and just need relief. Need injection and possible surgery. Thanks.

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2 Lawyer Answers

A: Surgery can be very expensive so you can expect a fight from the insurance carrier. You need to either hire a lawyer to help with your claim or ask DWC to appoint an ombudsman to assist you. Good luck.

S. Michael Graham agrees with this answer

S. Michael Graham
PREMIUM
Answered

A: If I'm understanding you correctly, you had surgery at L5-S1 and before surgery, your MRI showed some ddd at L4-L5 but no herniation. Then after the surgery you had a second MRI revealing a herniation at L4-L5. The problem that I see is that doctors often interpret MRIs differently. You should have the same radiologist review the two MRIs side by side to see if there is any real difference. If there is a marked difference, then you would have some evidence to demonstrate you sustained a new injury. The other issue I see is you don't have a very strong mechanism of injury for causing the second herniation at L4-L5. That is to say, you didn't fall down onto a concrete floor, for example.

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