Q: I injured my lower back at work and went through the Conservative treatment route without recovering.
After about 9 months and a visit to an IME, surgery was scheduled. Unfortunately, surgery was not successful and I still suffer from a “Pinched” nerve. For some reason, doctor won’t say, surgery was not completed completed and the spine (L4, 5 and S1 was fused together, “as is”). I continued to be disabled and receiving TTD benefits. My surgeon says that additional surgery for me is not possible - moving forward what might be my options. I do wish to RTW; however, the injury was not repaired.
A:
It seems you're asking a medical question. Get a second opinion from another doctor. If you don't have a lawyer, get one ASAP to protect your rights and answer your questions with authority.
If you're asking a legal question as to your rights under the Workers' Compensation Act, most lawyers (including me) would be reluctant to give you an answer of substance without reviewing the medical records. If the medical records justify it and your doctor says you can't work again, you may be entitled to permanent total disability (PTD). This means you'd receive Comp benefits for the rest of your life. On the other hand, if the medical records don't justify a PTD award, you'd be entitled to a permanent partial disability (PPD) award for a number of weeks determined by the extent of your permanent injury.
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