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I have a back injury from work. I herniated my L4/5 disc a

 
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Customer Question

I have a back injury from work. I herniated my L4/5 disc a number of years ago. It has deteriorated over the years and I now have incomplete cauda equine syndrome.

Is my condition a disc disease or injury or both?

The insurance company is telling me that thay don't cover the deterioration of my injury but the Act of 1989 says it does cover the deterioration of a disease.

 

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Person's Gender: Female
Person's Age: 48

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Submitted: 275 days and 14 hours ago.
Category: Medical
Value: AU$24
Status: CLOSED
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Expert:  DrK99 replied 275 days and 10 hours ago.

Cauda equina syndrome can result from trauma or injury to the spinal column resulting in compression of the nerve roots from L1-5 and S1-5. Compression and trauma from an injury like you are describing, especially untreated, can certainly cause incomplete cauda equina syndrome.

 

Prognosis for recovery is related to how severe the initial compression of the nerves was, and the severity of the initial injury and how long it lasted (the duration)

If the damage is so severe that nerve regrowth is not possible, the damage may be permanent. It may not be possible for some time to know whether or not damage is permanent. Early surgery as a treatment for this type of injury offers the best prognosis.

 

It appears that your initial injury lead to the development of cauda equina syndrome. Surgery may have helped to prevent it, but may not have lead to a better outcome at all. The deterioration is due to continued compression of the nerves and lack of their ability to regenerate.

 

Please note that I am a medical specialist and not a neurologist. Please reply to me with questions.

 

Customer replied 275 days and 3 hours ago.

I have had this for three years. The insurance company is saying because I was at home( as I haven't been able to return ) when I had further deterioration in my spine that they are not paying my medical bills for the cauda equina syndrome. I was off work because of the initial injury which was work related. Even though it was a work injury can my decline be termed a disc disease?

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Expert:  DrK99 replied 274 days and 7 hours ago.

It will benefit you to have a consultation with a specialist in workers compensation cases, since you have alot at stake, I would encourage you to do this.

 

Since you were at home, a case can be made that the deterioration was not related to the initial injury since its very hard to prove it. If you have been in active treatment and have xrays or records of physical therapy and deterioration has occurred DESPITE treatment, then you have a stronger case. If there has been no treatment, the case is weaker.

 

Its a good idea to take all your medical records for review by a workers compensation Dr and get some advice based on that.

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Customer replied 274 days and 4 hours ago.

I have a pile of scans that say the only disk injured is the L4/5 and this has deteriorated over the years. I went through a lot of therapies and nothing worked. I have cancer and they have tried to blame it for this but my oncologist says it has nothing to do with the cancer as there is no impingement any where else in my spine and that is the only area where there actually is no cancer. So despite treatment my condition has deteriorated. But could this injury be termed a disease process after the initial injury?

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Expert:  DrK99 replied 273 days and 4 hours ago.

It appears that you have a lot of supporting evidence to show that the initial injury was work related. Unfortunately it is almost impossible to prove 100% that the deterioration is due to the initial injury. Working in your favor are 1. That you have no other disk disease 2. That you have pursued treatment 3. Your oncologist feels its not cancer related. The partial cauda equina syndrome, still is a disease process that has occurred and progressed after the initial injury. It did not happen right away as a direct result of the injury for example. I think this is not the news you want to hear but its accurate. One suggestion I have is to also pose your question to a legal expert on the site. Good luck.

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