Hello,

I originally injured my back Aug 06/99 lifting boxes of legal sized paper. I was sent to Burnaby General. WCB accepted my claim approx 6 weeks later for lumbar strain. They then sent me to rehab at 8 Rinks sports rehab.

The physiotherapists there where sure I had a herniated disk and requested a CT scan be done immediately. Sure enough I had a medium to large post lateral herniation with nerve root impingement.

WCB then sent me to a Medical rehab facility called Columbia Rehab here in Vancouver. After several months there and them actually doing more damage they sent me to another place called Occupational Therapy of Vancouver.

Around this time my then wife and I split up over the stress involved dealing with the injury. This was when I first attempted suicide. I asked the rehab staff to expedite my return to work, and they did… basically that involved them doing an assessment.

This was done and although I was in severe pain they at my request deemed me fit to return to my previous occupation, they had doubts about doing this, but again at my request did it anyway.

WCB terminated my wage loss benefits as of May 11/01. In August of 2001 I was in so much pain I could not feel my left leg, was urinating in my pants etc.

WCB at the request of my family doctor, a Dr. O reopened my claim. I was then seen by a Neurosurgeon, A Dr G. He told me I needed expedited surgery.

WCB accepted this and the first operation was performed Sept 21/01 at Eagle Ridge Hospital. I got good results from this but was still having bouts of severe pain for the next 1.5 years.
I met my current partner just before the operation in Sept. We have since had a baby which brings the number of children in our home too four. This was a great time for me and for a while I forgot about the bad times. I appealed the WCB decision to terminate my benefits due to the fact that I coerced the staff at O/T. My appeal was turned down after approx 14 months.

I had to get a new job, this took a long time as everyone in the business knew I had injured myself and did not want to hire me.

I managed to land a position with a firm here in Vancouver. I enjoyed it very much and it was all working out well. My first day with them was Sept 11/2001! It was quite a first day. I was working for them from that day until on August 8/2002 I suffered a re-injury of my back moving some equipment around.

WCB accepted that but not as a reopening of my case, but as a completely new claim which the new employer was forced to pay for.

My new doctor Dr. C thought I had herniated the same disk and wanted an expedited MRI done. After some argument with WCB this was done August 29/02. It indeed showed a large reherniation with nerve root compression, and pressure on the thecal sac.

Dr C wanted me to see Dr. G again ASAP. Dr G saw me Sept 9/02 and said is was a definite re-herniation at the l4-l5 level. He wanted to wait a while and see if it settled down I agreed. Dr C placed me on Morphine and we waited. On Oct 1/2002 I was rushed to Royal Columbian Hospital in extreme pain and bladder control problems.

Dr G was made aware I was there and he examined me at approx 3:00 am Oct 2/02. He felt I need surgery of an emergency nature. This was carried out Oct 8/02. It was far worse than he first thought. I needed to have a radical discectomy and Neurolysis. This was done and I felt a bit better but still in severe pain.

His report to the board stated that I have nerve damage, and will forever have permanent numbness and pain in my left leg, foot and groin. As well as some residual weakness in the left leg.

All of this was accepted by WCB and started rehab in Richmond in a swimming pool. I last saw DR. G Jan 14/03. He stated to me that I am not improving, and there is not much more surgically he can do for me. He has referred me to a physiatrist who specializes in treatment of people with permanent damage etc. After the assessment Dr G and I will sit down and discuss my future.

In light of this Dr. C wants to see me stop taking 8-10 t3’s a day due to the fact it will lead to stomach bleeding. He wants me to take a drug called OxcyContin. This is an expensive drug.

My Financial position is now pretty rough. I had to file personal bankruptcy in November.

I have been submitting my receipts to WCB every month and in 6 weeks time they reimburse me, if the feel like it.

I was told by a person in WCB’s health care services dept that because I am considered long term and have limited financial resources that the board will accept direct billing from the pharmacy. I contacted my Case Manager and was called back by her assistant, named Trish. She was very polite, and seemingly very sympathetic to my plight. I was told she would arrange it, no problem.

Dr. C saw me today, Jan 31/02 and told me he had talked to Trish and all the arrangements were made, I just needed to call her with the drug type etc. I did that today as well, she informed me that all that needed to be done was have a WCB Dr speak with my Dr and confirm the dosage etc due to it being a narcotic.

I waited a couple of hours and didn’t get the call so I called her back. She told me that she didn’t know what the hold up was, she would call me right back. She did in fact call me back in around 15 min. I was informed that he was waiting on Dr. Cohen to call back as he was with a patient…

30 Minutes later I received a call from a very upset Dr. C. He informed me that this WCB doctor, a Dr. P called and said if you want this patient on this medication he will have to pay for it himself.

Dr. C Then was told that Trish has no authority to authorize anything!

Dr. C then questioned him about the proper course of treatment for Chronic Pain. The Dr Then agreed that this was the proper course to take, however he was not going to approve it no matter what!

And then he hung up on Dr. C. I was speechless.

I have no pain meds on hand at all, and the

Dr’s office was closing in 15 min. I might also add that this WCB Dr. has never examined me, or even read my entire file… that I can guarantee as it is extensive … approx 6-7 inches thick. I have it in my possession under the disclosure clause.

I then called the Unit Manager for the Richmond office of WCB, a Jennifer Lyons. She seemed shocked and quite disturbed that a professional would treat another professional in that manner.

I told her I really don’t care what the excuse was I just need some form of pain medication. She told me and I quote from and adjudication perspective there was nothing that she could do for me. However she said I could just pay for it myself if I felt I needed it, submit an appeal and probably loose anyway!

So it is now going to come down to me having to go to Emergency here in Richmond, be given intra-muscular injections of morphine and be admitted until they can decide what medications I am allowed to have under the WCB policy.

The

MLA’s office in Richmond got me my medication about 2 weeks later. I got a call from Rene to bring all my receipts into the office and they will be paid. They also setup an account at the local Safeway for my meds.

It makes me nervous when something goes right with them. Shortly after this I received a call from Rene saying she was worried about a report she had received from the BC Paraplegic Association rep about my recurrent nightmares with suicidal ideologies. I was told to attend at the Vancouver Pain clinic to receive counseling regarding the nightmares.

I attended for a 2 day assessment. I was told by the psychologist there that I meet the criteria for Post Traumatic Stress disorder. As the orthopod that over See’s the program told them in writing that he feels that there are significant signs of surgically induced spinal instability, and that I will need surgical intervention as early as the end of the pain program to get relief.

As well there where concerns about me driving myself to the pain clinic on the pain meds I was and still am taking. They refused to let me attend if I drove myself, insisted that Rene authorize a taxi there and back.

There was much discussion in my log about this as she said it is only a 30 min drive he should be able to attend on his own. I should mention that I lived in Richmond at the time, and the drive involved going over the Knight St Bridge during peak traffic hours. As well I was still in the pool having my rehab and my Dr’s and the therapist in the pool stated it would be a mistake to pull me out of the pool and start a dry land program without some kind of graduated program.

WCB allowed me to stay in the pool and attend the pain clinic. After approx 2 weeks of the pain program I was placed on what they call program interrupt due to increasing neurological symptoms.

After 4 weeks I was called into the pain clinic with my wife for a meeting. We where told that I was not a suitable candidate for the program due to my neurological deficits getting worse.

One thing that came out of the pschyc sessions was my worry about my Father who is dying in the Vernon area. I stated that I wanted to move my family up to the valley to be near my father, and live in a cheaper community. Dr. M told me that no one even WCB can tell me where to live.

I was told to call the workers advisors and inquire about moving while on WCB. I was told that I can indeed move anywhere in the province. So I then spoke with my family and we all agreed that we cannot afford to live in the city anymore so why not. I called Rene and let her know about this, and received a terse you can do what you want.

Approx 3 weeks later my wife and I where summoned to the WCB in Richmond for a meeting with Rene. It did not go well. We where informed that as I had completed the pain program my claim was going to end.

I had reached maximum medical recovery. As well since I was moving to the Okanagan based on personal reasons I was walking away from my job and my wage loss would be terminated.

I was livid. My wife asked about my rehab in the pool as some days it is the only way that can get my relief. She was told we are not going to throw money at something that is not getting better. I was very angry at this point and got up to leave.

Rene then proceeded to launch in this so sorry routine to which I responded to please not be condescending to me you leave at the end of the day and don’t give myself or anyone else a second thought. My wife stayed a few minutes longer and was told it would be about 3 months max and we would be cut off.

I was very upset. I went back home and called my boss. He said he had received several messages from Rene in the last 2 weeks. He had been out of town and said he wanted to speak to me first before return her calls. He asked what was going on and I told him about my meeting today.

He assured me that he had not spoken to her and most assuredly had not told her I could come back to work. We talked for a while, and I as well faxed him all the reports from the doctors outlining the damage I had sustained etc. He wrote Rene a nice letter telling her that not only could I not come back to my old job, but for me to be employed at work would take extensive upgrading and or retraining.

Rene then informed me that I had cleared the first 2 phases of the voc rehab process and would be transferred to Kelowna’s Vocational Rehab folks for assessment on further assistance. However she was nice enough to also inform me that because I had a back injury instead of having my arms and legs cut off my chances of getting any assistance out of the Vocational people where slim to none. So that was that she cut me a cheque for 6 weeks of wage loss and I moved on June 28th 2003.

We arrived on the valley that night, and I have to say that I immediately felt calmer. I was born and raised in Vernon and the Lumby/Cherryville area. We got our stuff unloaded into storage and proceeded to look for a house.

Just before I left my family doc said he thought that something was wrong and wanted me to see another surgeon and have more MRI. He made a request to a doctor up here in Vernon who specializes in back surgery.

That appointment was made by the Kelowna services division. I saw him the end of July. He told me he wanted another MRI done with some flexion xrays to see how unstable it was. He asked me about my rehab and I told him I had none, he was shocked and asked me why.

I told him about the decision to not throw anymore money at it. He then proceeded to tell me it was not about money anymore. I have had 2 failed back surgeries, walk with a cane, and take high dose opiate pain killers and most likely will for the rest of my life.

He wanted me back in rehab in a pool and we booked the imaging tests. I started back in the pool in August 2003 in Kelowna at Lifemark . Outstanding place I really am pleased with the staff and facilities.

I had what must be my 4th or 5th MRI of my spine done here in Kelowna. Here are the results of the MRI please forgive my detail but I think it is important.

Disc desiccation is identified at L4-L5 level with modic type 2 changes along the posterior endplate. There has been a left Hemilotomy at this level. There is an area of enhancement in the left lateral epidural space just below the level of the exiting nerve root and spanning approx 1 cm in length. Indenting the thecal sac. This likely would involve the traversing rather than the exiting nerve root. Though the visualized traversing root shows no enhancement. As well at this level there is a small annular tear of the disc which also flattens the thecal sac, and there is a small posterior osteophyte. The left lateral and right later foramina show mid stenosis. Mild disc desiccation at the l5-l6 level is also seen. The rest of the spine is unremarkable.

Approx 4 months after leaving the pain program and treatment I met with the spinal surgeon here in Vernon again My wife was also in attendance. We had a very emotional hour long session.

At first he told me he was very sorry but because of the failed surgery, scarring to the nerve and epidural space and that the disc space had now collapsed there was not much other than spinal fusion that could be done.

I was told that the risks for this procedure in someone like me with 2 prior failed operations where significant. At best a 50% reduction in back pain and no improvement expected in my left leg. We agreed that I should continue the rehab I had just restarted, loose a significant amount of weight and see someone on the coast who specializes in complex fusion procedures. And see him in March 2004 with a decision on fusion.

The folks at rehab wrote a letter to Rene requesting several things. That I see a fusion specialist, Dr. M. Davorak or one of his staff at the Vancouver spine clinic would be preferred. Meetings with a nutritionalist for a diet plan to loose the required weight and of course continued physio treatment. This letter along with the surgeons where faxed to Rene on Sept 30 2003.

After a month of not hearing anything and being border line suicidal over the dangers involved in my surgery I called the MLA’s office in a bad way. She talked with me for over an hour. It was emotional for both of us. She insisted that I continue on in rehab and she was going to get on them again.

My file had been sent back to Rene from Kelowna because I was not at MMR and most likely would need a fusion procedure. She also told me this was the last straw with Rene being my case manager and she was going to insist to the minister in charge of WCB to have my case transferred out of Rene’s hands. I agreed to hang in and not give up or do anything to harm myself for my family’s sake.

I was then told I had to fly down to WCB office to see their spinal specialist, not the one requested. I was very upset about having to set foot on that property again. The MLA actually was going to attend with me! WCB had a fit.

They went to the Ag’s office and requested a legal ruling. The Ag’s office would not allow the MLA to attend.

I attended the exam with my uncle as a witness. This Dr was of much the same opinion as the one here in Vernon. However he also wanted me to come off the oxcycontin onto something lighter. The weight was also stressed.

I have yet to get a copy of that report, the MLA says it is quite damning, yet also states the same opinion of the surgeon up here.

The MLA spoke with a Sr WCB manager named Jennifer Lyons. There was much discussion about them not sending me to the Vancouver Spine clinic as requested. As well it was again stressed that we want a case transfer to Kelowna. Also that I was not being paid on time had to be addressed. Andy also was in touch with the clinic director of my rehab place. They have agreed to let them do what they want to get me fit for the fusion operation in the spring.

That is where it sits. I wait for surgery in utter terror. MLA is still waiting for my file transfer. I have yet to see a nutritionalist. I have a new family Dr starting on Dec 1/2003.

I had a very difficult time finding a Dr in Kelowna that would take on a complicated WCB case. Also we went through the firestorm, we where fortunate we did not loose anything like so many others.

My wife has had to go back to work, she got a job at Kelowna general hospital. I stopped taking the Elavil medication and lost 20lbs in short order. I am well on my way to the weight that the surgeon requested. I just don’t know if I want to go through the ordeal of back surgery again.

So I rehab and wait.

Update January 2004:

I have finally had my case transfered to a new case manager. As well I have had a referral made to Dr M in Vancouver… This is good news for change, yet I am still very afraid of the surgery I am looking at, and what will happen to me at the hands of the vocational rehab dept if I dont have the operation and I am considered “platued” or reached maximum medical recovery.

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