Benefits

[Daryle]

I hurt my back in June 2010 and have cooperated with everything they have requested such as physical therapy and different medications but they now want me to have a spinal block done and I don't want to have it done what will happen to my benefits if i refuse to have this procedure done?

[Tory]

IF YOU ARE in California(as this only applies to injuries in California)you will likely be declared Permanent & Stationary, having reached Maximum Medical Improvement(you're done with treatment).

A 'SPINAL BLOCK' is not a treatment any of my clients ever receive.  I got one for knee surgery and pregnant friends get a block for end stages of labor, but it's not typically administered for a back injury.

You may wish to switch Primary Treating physicians to another on the Medical Provider Network for that insurance company before the current doctor declares you P&S or MMI.  Once a Treating PHysician finds you've reached Maximum Medical Improvement, you're stuck with his opinions and then you only get one Panel Qualified Medical Evaluation(second opinion) if you want to challenge his findings in any way.

Once ANY reporting physician advises the Insurer you have reached Maximum Medical Improvement or you are permanent & stationary, your Temporary Disability benefits end.   You MIGHT get some Permanent Disability benefits; you might not if the physician doesn't write a P&S report.

If that doctor says you can go back to work without restrictions, you continue in your pre-injury job(even if you have extreme pain).  

If that doctor writes you cannot return to full pre-injury duties, and if the employer chooses not to make a new modified job to accommodate you, you are out of work and out of TTD payments; apply for Unemployment Insurance.

If the doctor writes you should have access to 'future medical care' you get to fight over medical procedures with the insurer's doctor each time you need something.   If not, no more medical treatment.

It all comes down to what the doctor specifies in his report.   That's why you want to get a doctor who is on YOUR side BEFORE he releases you.

Hope you are in California so this wasn't a great waste of time!!!