Saturday, March 4, 2017

I Suffered A Minnesota Workers Compensation Injury. Do I Need Back Surgery?

Though I've been a Minnesota workers compensation attorney my entire legal career, that's the very same question I asked myself nearly 20 years ago.  Do I need lumbar spine surgery.

I was injured at work and despite conservative care, my radicular leg and back pain left me unable to sleep and barely able to function.  Over time I grew frustrated, short tempered and frightened about my future.  Despite being a young lawyer, I was worried that I wouldn't be able to do my job given my inability to sit or stand for extended periods of time; a prerequisite to being a trial lawyer.  I was taking narcotic medications that left me fuzzy at best and only took the edge off my pain.  I want to share with you what I've have learned over the past few decades since my injury and lumbar spine surgery.

Over the years I have handled or represented over a thousand cases involving spinal cord injuries.  I'm unique in being the only Minnesota work comp attorney who has sustained a spinal cord work related injury.  In fact, I have undergone three spinal surgeries since 1992.  Lucky me right?  Twentyfive years later spine surgeries have dramatically changed and in most cases improved.  During this time I have seen aggressive use of lumbar and cervical fusions, the introduction of artificial discs, and development of spinal cord stimulators.

Most lawyers are hesitant to offer advice on surgery because they haven't had the same.  Though I'm a workers compensation attorney, I feel obligated to be a "counselor" as well.  I encourage my clients to explore conservative treatment and only enter into the decision of spinal surgery after the same.  I also make sure that they understand that though surgery can relieve their symptoms, in rare situations their conditions could worsen.  I offer the names of physicians and clinics that have a proven track record of having, "good hands, good heads and good hearts".  I consider myself lucky that my surgeries have turned out extraordinarily well.  I am 100% pain free.

I often blog that not all workers compensation attorneys are equal and that experience matters.  This applies to orthopedic surgeons and neurosurgeons as well.  Like some lawyers I know, a surgeon may come across as confident and a smooth talker.  This doesn't mean they are either good in the courtroom or in the operating room.  Surgeons can be overconfident of their talents and fail to communicate or even know the long term outcome of their surgical patients.  Very few have patient follow up beyond 3-6 months post surgery.  If the patients having ongoing or worsening pain and are non surgical there is usually nothing a surgeon can offer you and they wash their hands with you.  In fact, in many cases the last time you see your surgeon is just before the surgery or while recovering at the surgical center or hospital.  Often follow up care is performed by nurse practitioners or physicians assistants.  Remember; "good hands, good heads and good hearts".  It's rare to find a surgeon with both.

If you sustained a work injury and want to discuss the surgery, I'm happy to sit down with you for free and listen and discuss with you your options.  A decision to undergo surgery is a personal decision and I will never tell you to do the same.  I will simply share with you what I have experienced personally and in the thousands of workers compensation cases I have been involved with over the last 25 years.  With this information you can hopefully make a more informed decision of what is best for you and your family.  Contact us today at 651-333-3636 for a free consultations.  Every single one of our attorneys has been honored as a Superlawyer and is a workers compensation expert.  Visit us at www.mndisability.com for more information.  Also visit our video center for answers to many of your questions.  Our phones are answer 24/7 and in many cases you can talk to a lawyer anytime of the day or night.

Monday, January 23, 2017

Spinal Cord Stimulators. Are They Safe And Will Work Comp Pay For One?

Spinal cord stimulators have been around for decades.  In the nearly 25 years that I have been a workers compensation attorney, I have been involved in nearly a hundred cases involving spinal cord stimulators.  The first observation I have is that the actual devices have dramatically changed over time.  The first ones were large, clunky, plagued with software issues and not permanent.  They are none of those things now as you can see from the image to the right.

Years ago I represented a "retired" US Marine who sustained a significant back injury.  After a "failed" lumbar fusion his surgeon recommended a spinal cord stimulator.  "Bill" wanted to be able to get back into his farm fields to drive tractors and bale hay for his livestock.  After the stimulator was implanted Bill was a changed man.  His smile returned, he was extremely mobile and yes he was able to get back on his tractor.  I spoke with Bill a few days ago and he recently had a new model implanted that was voluntarily paid by the workers compensation insurer after losing the first fight nearly 10 years ago.

The process has changed somewhat since Bill had his stimulator implanted.  Bill's device was recently replaced because the battery power was failing.  New models are much smaller and  unlike Bill's first model, they can be charged subcutaneously or through your skin.  In addition the software which is just as important as the hardware has dramatically improved.

Over the past decade Atkinson Law has NEVER lost a spinal cord stimulator claim.  NEVER!  There are specific rules that must be followed by your treating physician to obtain approval and payment for your device.  At Atkinson Law we have a very successful model we follow to present a strong claim where appropriate, to assist you and your physician obtaining approval.  If you are considering a spinal cord stimulator I strongly urge you to contact one of our attorneys today.  Call 651-333-3636 and visit our website at  www.mndisability.com You consultation with our expert attorneys is always free and if we get your spinal cord stimulator approved, our fees will be paid directly by the workers compensation insurer.