Pete's workman's comp saga

Hello all my new and old friends, I hope this note finds everyone in a low or NO pain day! That other post was getting way too long so let's stick w/ the rules and start a new!

Pete,
Have you applied for FMLA protection? You may not get paid for the days you take off, but you are supposed to be able to take up to 12 weeks per 12 month period off without losing your job. It is not perfect, & I'm sure there are people out there with sagas about coming back & losing their job right away over something trivial, but most employers realize that pulling that kind of stunt will land them with a discrimination suit. It's at least worth a try. If your boss is getting angry anyways, what you you really have to lose?

best wishes,
frances

Here in Tx FMLA only effective with employers who have 50 or more employees. I do not know about Florida....Susie

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Be careful with the FMLA. The law says that you may take the time off wihout pay and the employer is obligated to give you your old job or EQUIVALENT job upon your return. Equivalent can be defined by the employer. See the problem? Sometimes it can be better to work this out with the boss before going out on leave. That helps you being perceived as a "team player". But each situation is different and you know your boss.

Hope this helps.
Modelmaker

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Degenerative disc disease, 4 back surgeries, fused from L2-S1, instrumentation. Being treated for chronic pain. Oxycodone 30 mg. IR. Candidate for SCS in the future.

I agree with Susie and modelmaker, becareful of using FMLA, TX is also a right to work state meaning you can lose your job at any time reguardless of
FMLA as it would be a he said/ she said type of situation. But I sure hope it works out okay for you Pete...I don't think your employer could even hire a (chimp)
new person to do half of what you've done...and you know the right contacts too...sure wish you could go out and do some fishing so you could get relaxed
some, even a little would help...will keep you in my thoughts...(hugger still outta comission, had a lot of driving today and that don't help, and
hubby is outta town with a convention)...
be well or have a low pain day,
my friend

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* Asthma, Allergies, Osteoarthritis, Spinal Stenosis, Degenative Disc, Fibromyalgia, Gerd,
Enlarged Pituitary Gland, Sjogren's and Ocular Migraines

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Thank everyone. yes I know about FMLA but it wouldn't do me much good in this case. The biggest reason my boss gets so angry when I'm not there is because I take care of so many different jobs. So much doen't get done when I'm not there because no one is cross trained or has the expertice to do everything I do or they just don't want to because they are overworked and getting yelled at to. Who would want more responcibilities only to get yelled at if they don't do them right or fast enough? Thats the reason I can argue & fight with him while no one else there would dare to! He just doesn't want to lose me and he knows I know that!
One thing I didn't mention above is I am still getting all the material orders (about 20-30calls = 40-50 phone calls to supply houses a day) and calling them in from home and now. Plus, one of the girls is recieving all the pagages and orders coming to the shop. She is then calling me and I am telling her who they are for and where they are going. (about 20 more calls) She can then make sure they get there. Even though my boss is a jerk, there are a lot of good people working there so what good would it do sabotaging his biz when it's going to effect my friends and their employment too? I just can't do that even though the jerkboss doesn't apreciate it. So I guess I could be technecly be considered still working. I have no idea how this will effect workman's comp or if I'll even be out longer than 10 days for the WC to kick in???
At this point I just want to really know that I'm OK to go back to work and not do more damage!!! I just don't know if my good doc will be able to know this with just an xray. I would feel much better with an MRI although I dred having another! If this pain I have in my neck and down my spine is going to be perminant, then I just traded one pain for another with this surgery and accident I had.
My plan now is to be able to work for my boss for a few months more while getting my house ready to either sell or rent by hiring people to do the work I can't anymore. This idea just kills me because I was always a hands on do it yourself kind of guy and having work done costs so much! If something is wrong with my neck and my surgeon admits it next Wes.??? then I'll think about aplying for SSD, leave my job and try to get the house fixed up. Either way, if I don't get up with my wife within the next few months, I'm afraid my marrage is going to still be in trouble. I just can't live like we are apart anymore. She is worth much more than my stinking job and all the $$$ I make!!
The big thing is I have to make some desisions, something I'm not good at when they will be life changing. I was great at it when I was young, not afraid of anything but the older I get, the more couardly I get. I'm a big old "fradycat!"
Again>Thanks for your thoughts and big HUGZ!!
Pete> da fradycat!

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56 years old, Surgury, Radical Prostatectomy 8/20/03, PSA 6.6, Gleason 3 + 3 = 6, Adenocarcinoma extent (moderate) Stage & Margin:T2NOMX, No Metastases, Organ Confined, bone scan: Neg. 3 1/2 years of depression after surgery prior to Hypogonadizm DX, Testosterone Theropy> new 2/6/09> 400mg injections once a month. 56 and so glad to still be here to see my two sons grow up to be fine young men. They are both serving in the US Navy, Joseph is on the aircraft carrier USS John Stennis somewhere in the Far East and Pete Jr. is on The Asault Ship USS Bataan "The Jaws of the Fleet" on their way to the Middle East w/ 2,000 Marines aboard. I am one very proud (what they call me)> Big Pops! 

Pete,
about W.C. issues - you want to ask your H.R. person for some information as to the regulations in your state. If you don't follow them you could be screwed. And yes, as long as they see you still working it may be hard to prove you can't - although with your doctor's help you may be able to show you can do "light duty" or work on the phone from home. W.C. is a pain in the butt, but it is a way of getting some compensation. You just want to make sure you're dotting all your i's and crossing all your t's right now so you don't lose any options.

As far as FMLA, that is a federal law so it applies in all states, but like someone said your employer has to have more than 50 employees to be forced to work under it. You CAN take FMLA time in increments - even down to hours (like to go to a medical appointment) but you need to make sure the form is filled out correctly and in a timely manner by your doctor. If you do plan on pursuing W.C., the first thing you need to find out is if you're being forced to see certain approved providers. With your recent surgery, there may be a way around that but each state has a different system.

And as far as an X-ray goes, my NS told me that's the best way for him to tell how the fusion is working, if the hardware is in place, etc. Better than an MRI. But the MRI can give additional information and you may want or need to request one if the X-ray shows your fusion is proceeding ok (remember it takes up to a year to fuse) but you're still having symptoms.

Hope something I've said helps a bit, but you know we're in your corner!

Hugs,

PaLady

Pete, I have to agree with PAlady. The reason for the xray is to see how the fusion and the hardware are doing. I didn't have an mri for a year after my fusion. Everytime I called my surgeon I always got the same response, get an xray. I got to where I would call the surgeon's office and say shedule me an xray. It is fairly standard. Now as per work comp. If you keep working from home they are going to say you can do your job. Next week, I would let the wiz kid earn his new BMW and let him say if you can go back to work. Be careful you don't mess things up.

By the way, a short story about Hatti. I was there during an uprising in the 80's. There was a man who came out of the hills with a sack of human heads. That is enough to make you seriously think about what you are doing. It was a very stressful time. I believe things have changed a bit since then. It is still a poor country with many problems. Take it easy tomorrow. There is more to life than work. Can you believe I said that. I hope no one is listening.

Thanks PA,
Yes, we do have over 50 employees, it used to be over 300! When I see the Dr. I'm going to ask for an MRI. I just didn't like the way he talked to me today. It scared me. I told him I had done a accident report and filed for workman's comp and he said "Why?" I told him I was in a lot of pain and really scared. Then he said, but you still should be able to work! What the hell is that suposed to mean, he hasn't even seen me yet! He doesn't know how big the hole was I fell in or how I became dizzy and sick to my stomac afterwards. I just don't understand that comment! I feel like he thinks he did his thing and now I'm just bothering the great surgeon and questioning his abillity as a doctor! It may have nothing to do with his work, it's about if I injured myself and it could have nothing to do with the surgery! Like I said, I have 3 other rtuptured disks he didn't do anything with. Maybe I'm making a big deal out of nothing, I don't know. It's just for once in my working life I thought I'm not going to be bullied around and get the short end of the stick like I have every other time. I am not just talking about with my health either. I guess I'll just wait and see what happens. I had an apt. with my regular doc today but fell asleep and missed my apt! Dumb! I was going to ask about a sleep study place for my apnea. I'll call and try to reschedule tomorrow but I want to leave and drive up to see my wife even with my neck pain and all the work phone calls. I'm thinking I can return the calls at the rest areas, there is one every 45 miles on the Fla. turnpike and going 80+ in my Chinese zoom car. it doesn't take long to get to one. On that part of the highway, everyone is going 85-95mph!!! It's like a Nascar race! AnyHOO, I'm going to lie down now and hopefully sleep will come soon. I hope so but I did take that nap so I might be back later.
PA, Sorry to sound so negative, it's just hard not to when you're used to being pushed to the side your whole life. I'm sure you know what I'm talking about!
Much thanks, love and Hugz!!!
Pete

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56 years old, Surgury, Radical Prostatectomy 8/20/03, PSA 6.6, Gleason 3 + 3 = 6, Adenocarcinoma extent (moderate) Stage & Margin:T2NOMX, No Metastases, Organ Confined, bone scan: Neg. 3 1/2 years of depression after surgery prior to Hypogonadizm DX, Testosterone Theropy> new 2/6/09> 400mg injections once a month. 56 and so glad to still be here to see my two sons grow up to be fine young men. They are both serving in the US Navy, Joseph is on the aircraft carrier USS John Stennis somewhere in the Far East and Pete Jr. is on The Asault Ship USS Bataan "The Jaws of the Fleet" on their way to the Middle East w/ 2,000 Marines aboard. I am one very proud (what they call me)> Big Pops! 

FJ,
Somehow I missed your post before, maybe we were writing at the same time as we're both one finger wonders? I think you said that once anyway! A ship overturned 15 miles off of Boynton bch. yesterday. They saved 28 Hatians but picked 9 dead ones out of the water and still are not sure how many more may have drown or swam to shore. How sad that a country is so devisated and poor that these people risk there lives all the time to get here. It happens almost daily but this is the biggest loss of life ever. They say that the two hurricanes that hit there last year killed over 1,000 people then inflation caused a huge riot and protest where more were killed. They say it's worse there now than ever! I works with more than just a few of them and these nice people are always sending most of their paychecks over there to family. I've been to several Hatian weddings and too many funerals. I really feel for these people.
I can't sleep, I'm not in full blown depression like I was earlier this week but I am having anxiety / restless & pain issues tonight. I try sleeping and things are racing through my brain. Everyone here knows what thats like! So I came out to check on the night owes and west coasters. It's 11:30pm and I have to get up early. I talked to my wife and she was excited that I'm planning on driving up tomorrow. I haven't been up there since my son was home in early April, I think. Geeze, the fishing is so good up there now, May is my favorite month to fish and it's going to be real tempting to take the boat out if the weather is nice> they are expecting thunder storms and really need them. we were starting to worry about our well up there . It's been the dryest winter on record there and down here also. We are just starting the rainy season and the Everglade rain machine is starting up. Wet ocean breezes hit the everglades and are shot upward by the extream inland heat 95 - 100 daily now. Then they come baxck east above the ground winds with the high elivation west to east winds and the big thunder boomers start in the afternoon. It happens almost daily here in the summer. I don't know how I got so off base> Like I said my mind is racing! Sorry all! I'm going back in now as my neck and back are really bothering me sitting here. I hope all Y'all get a good night sleep!
F.J. Thanks so much for the ww.c. info! I'll try to sort it out in the am!
Peace and love my Brother and to all of my family!!!!!
Racing head Pete

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56 years old, Surgury, Radical Prostatectomy 8/20/03, PSA 6.6, Gleason 3 + 3 = 6, Adenocarcinoma extent (moderate) Stage & Margin:T2NOMX, No Metastases, Organ Confined, bone scan: Neg. 3 1/2 years of depression after surgery prior to Hypogonadizm DX, Testosterone Theropy> new 2/6/09> 400mg injections once a month. 56 and so glad to still be here to see my two sons grow up to be fine young men. They are both serving in the US Navy, Joseph is on the aircraft carrier USS John Stennis somewhere in the Far East and Pete Jr. is on The Asault Ship USS Bataan "The Jaws of the Fleet" on their way to the Middle East w/ 2,000 Marines aboard. I am one very proud (what they call me)> Big Pops! 

Pete,

It is so frustrating with a Cervical Fusion (I'm sure no matter where a fusion is in the spine it causes problems for all of us) a wrong movement of the neck or arms, turning to fast, bending and reaching who knows what we do!  You have 1 fused I have 3 it doesn't matter, the fused area is locked and the rest of the spine trys to compensate for it!  In the last 9 years I've had so many xrays whenever I've fallen or done something undetermined...PA Lady is right xrays just prove the fusion is stable...MRI's show the nitty gritty.  Most times, even the MRI shows nothing when we've injured or strained our necks!  The NS only is concerned if it involves the Spinal Cord...it is so upsetting to me after undergoing MRI's to hear well, everything looks fine.....I want to scream WHAT I DON'T FEEL FINE....there are disc bulges but the spinal cord is fine....nothing we can do, just keep doing what your doing!!  I sometimes think to myself...geez Dr. if this were you is that the answer you would want to hear?  Then on the other side its probably frustrating for the Dr.'s as well when they can't fix us!

Like PA Lady said it takes up to a year to fuse.....you are a worker Pete, I was where you are in a way (not your exact work situation) considered SSD for a year before I applied.  I will tell you this, the pain continues but the stress of the pain during work was worse.  I hope there is nothing more going on in your neck!  Giving in and applying for SSD was horrible in my opinion but you know what, its not the end of the world.  Its a struggle financially, but, I know with all my issues it was the best thing for me!  I used to think I was indispensable but I wasn't....you will know when and if the time is right for you to leave your job!

Till then we'll jab FREAKIN...wacko boss right along with you!

XXOO
Patti

 

Hi Pete,

I'm sorry to hear that you are still really hurting. I think it is good that you took some time off of work to recoup & visit your wife. I can understand your frustration with the surgeons, some surgeons seem to have a God-like complex, and I would think that neurosurgeons would be high on the list. I hope you feel a little better after spending some time with your wife, and hopefully all your images next week are conclusive.

hugs,
Skeye

Pete, what I want to know is did the fish get a work out or not. Don't worry I won't tell the boss or anyone else. I do hope that you and your wonderful wife had time together and found some ground to encourage each other.

F.J. and all,
I'm sorry I haven't been posting, I'm still up in the country w/ my wife. We've been having a great time together and I hate the thought of going back south again. I got a call this morning from John, the guy who had filled in for me last time I was out. He said he was called this AM and told to go into the office to take my place. He was also told not to erase any of my e-mails while using my computor. He also told me the boss fired Leslie today. She is the girl who keeps taking off because of a minor hip problem and is suing Wallmart for a slip and fall. Bossman likes to put me in a catagory with this girl who is a real scam artist. I keep telling him we are nothing alike but I'm afraid I'm next on the list. I have a feeling he is going to go through my old e-mails and use them to fire me. I really don't want to call and ask him whats going on because I had such a nice restfull weekend, I don't feel like getting in a big ho-ha with him now. I was suposed to be working from home but now w/ John in the office, I'm sure no one will call me. I'm trying so hard not to get stressed over this mess but I'm not doing very well with it.
Now I'm thinking about driving back south today as I'm just going to worry up here anyway.
Sorry I haven't keeped up on everyones posts, this is the first time I logged on since I got up here! I'll try to read them all when I get home!
Big HUGZ to ALL!
Pete

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56 years old, Surgury, Radical Prostatectomy 8/20/03, PSA 6.6, Gleason 3 + 3 = 6, Adenocarcinoma extent (moderate) Stage & Margin:T2NOMX, No Metastases, Organ Confined, bone scan: Neg. 3 1/2 years of depression after surgery prior to Hypogonadizm DX, Testosterone Theropy> new 2/6/09> 400mg injections once a month. 56 and so glad to still be here to see my two sons grow up to be fine young men. They are both serving in the US Navy, Joseph is on the aircraft carrier USS John Stennis somewhere in the Far East and Pete Jr. is on The Asault Ship USS Bataan "The Jaws of the Fleet" on their way to the Middle East w/ 2,000 Marines aboard. I am one very proud (what they call me)> Big Pops! 

Pete, good to hear from you. I am on my way out the door to relieve the stress and meet the needs of the students and then to the PMS to have my trial stim taken out. I will post again later. Hope you have a great day and the thoughts of the wonderful time with your wife keeps your center attention. Blessings! (Who needs a boss anyway?)

Pete,
I don't know when you'll get this but I am glad you're enjoying time with your wife, as I think that's number one on the list. But Tony makes some good points. I know nothing about computers, but do know employers sometimes have programs that allow them to see everything that's been done. Tony's the one to advise you on that. If there's a way your employer could access all of this, then maybe it could somehow be used against you. Worst case scenario maybe you could communicate with Chutz and see if there's a way to erase all your posts. I don't know.

And I agree make sure you've got all the required paperwork and such into H.R. both regarding the fall and also for sick time or FMLA (If that's what you're using now). Making sure everything's in order there could make all the difference as to whether your employer can just fire you. It sounds like he me be thinking about it. It shouldn't take much work for you to protect yourself, and would be well worth it, and you may be able to do it from where you are.

Anyway, take care!!!

Hugs,

PaLady

Pete, I am glad that you and your wife had some enjoyable time together. It was time well spent. I am also glad you are taking some time off. You need and deserve it.

Is it a possibility that your boss can access your personal information, like this forum, from your work? I certainly hope not. That would be pretty low of him. But he doesn't seem much of a gem anyway. Why would he want to let you go? You seem to be valuable to him and a asset no matter if he wants to admit it or not. And you certainly didn't fall in that hole because you wanted to. No one would intentionally hurt thierself, especially one dealing with chronic pain like you are. I hope you are feeling better.

Be careful on your drive back home. And keep us posted on what is going on with you.
Anice

Can they do an MRI with metal in the neck??? I thought they did not do them if a person has metal in them? Perhaps a CT w./contrast instead ? Susie

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Hi Pete,

Glad to hear that you are enjoying your time with your wife, but I am sorry to hear about your deteriorating work situation. I sure hope everything works out in your favor & that your boss doesn't snoop around in your computer!

hugs,
Skeye

Hey Pete, hope you had a great and wonderful day. You deserve a few more. Keep us up to date on the saga.

Susie, they can do an mri with titanium. i just had an mri and I have plenty in my back. In fact I watch to see if my wife checks out metal salvage sites as that could be bad news for me.

I've also had an MRI post fusion. It has to be done with contrast now. I wondered myself, but my NS told me it depends on the type of material used and the newer material allows for MRIs.

PaLady

Pete,

So glad to hear you enjoyed your weekend with your wife, that is great news!  Don't stress too much, whatever will be will be...if WB has to stoop to snooping, he will find what his uncaring actions cause for people to feel, especially you, a very dedicated employee.

XXOO
Patti

P.S. Straydog in my experience most fusion plates are made of titanium or a metal mixture of cobalt, chromium and nickel (knee replacements, hip etc)...allowing MRI's to be done....Titanium won't set off the metal detectors, the mixture will!

OH Boy!!!
Thanks so much for all your posts!!! I wish I had as many friends in my "real life" as I do here in my "cyber life"!!!! You guys are the greatest!
So I descided to drive back south yesterday as it was pouring rain and I felt edgy just sitting around the house while my wife was working. What I didn't realize was it was raining all the way back to Palm bch. County! Five hours driving in the pouring rain, lots of accidents one of which was really bad! I got there right after it happened and a older lady was in the drivers seat of a totaled SUV which was still in the left lane of the Turnpike. As I drove slowly past her, I could see she was gone, they were not even working on her as her head was split open. I can't understand why they didn't cover her face as looking at her so closely gave me nightmares last night!
Sorry to get off track, Y'all know me!!
Anyway I called my boss this morning! I knew he would be busy so I spoke really fast as to not give him a chance to. I said> "I'm feeling a little better, I can't wait to get back to work, I'll call you tomorrow after I see the Dr.!" He said "Good, OK, OK> I'll talk to you tomorrow!" It went just like I had hoped! I just didn't want to talk to the guy, but I knew if I didn't call, he would make a stink about not calling him! It's hard to win with a guy like him!
On the neckpain front, I am feeling a lot better after the long peaseful loving weekend with my better half! Unfortunately, my knee that I didn't report on the workmans comp is a mess. It locks up, snaps, clicks, is full of water (I can feel the moons effects, I have a tide in there!) and it hurts. Add another heath problem to the list. I already need a replacement on the knee & hip on the other side so whats one more bad knee in the big picture? The only problem is I so favored the one that just went south for walking and now I'm walking like Granpa Amos McCoy!!
Am I showing my age? I'm sure feeling it! HaHa!
So thanks again to all my loyal friends here who stick by me though thick & thin> mostly thick in my case!!!! I hope you are all well and I'm going to try to catch up on everyones posts today.
Your Buddy,
Pete

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56 years old, Surgury, Radical Prostatectomy 8/20/03, PSA 6.6, Gleason 3 + 3 = 6, Adenocarcinoma extent (moderate) Stage & Margin:T2NOMX, No Metastases, Organ Confined, bone scan: Neg. 3 1/2 years of depression after surgery prior to Hypogonadizm DX, Testosterone Theropy> new 2/6/09> 400mg injections once a month. 56 and so glad to still be here to see my two sons grow up to be fine young men. They are both serving in the US Navy, Joseph is on the aircraft carrier USS John Stennis somewhere in the Far East and Pete Jr. is on The Asault Ship USS Bataan "The Jaws of the Fleet" on their way to the Middle East w/ 2,000 Marines aboard. I am one very proud (what they call me)> Big Pops! 

(((((((Pete))))))))). Just what you need, right? One more thing to add to the list of pains! Glad your neck is improving, though. Hopefully you didn't do anything too bad to that knee of yours. I suppose only time will tell.

Skeye

Thanks Skeye!!!!!
I read in one of your other posts that your eye was so bad that you couldn't read what you were writing! Then you still come to my old post and give me support> You my Dear are truely an Angel!!!! I'm going for an xray this morning and then to the dr. I'm sure he'll say there's nothing wrong and go back to work so I guess thats what I'll do. I'll try to post later.
Thanks again my Swimming Angel!
Pete

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56 years old, Surgury, Radical Prostatectomy 8/20/03, PSA 6.6, Gleason 3 + 3 = 6, Adenocarcinoma extent (moderate) Stage & Margin:T2NOMX, No Metastases, Organ Confined, bone scan: Neg. 3 1/2 years of depression after surgery prior to Hypogonadizm DX, Testosterone Theropy> new 2/6/09> 400mg injections once a month. 56 and so glad to still be here to see my two sons grow up to be fine young men. They are both serving in the US Navy, Joseph is on the aircraft carrier USS John Stennis headed for Hawai and Pete Jr. is on The Asault Ship USS Bataan "The Jaws of the Fleet" on their way to the Middle East w/ 2,000 Marines aboard. I am one very proud (what they call me)> Big Pops!