Actually if you open the worker's comp claim on your back, the private carriers generally no longer will cover the surgery if w/c denies. And w/c in your state I believe does not cover fusion which makes ADR a harder sell.
I would talk to a w/c lawyer before making a decision as w/c decisions are more final, determining care for your back for your life. You lose on surgery in a w/c case it can be very hard to get coverage any other way.
I lost on my surgery (not ADR another kind) and it was bascially on a technically (The insurance lawyer got medical reports from a nationally known surgeon excluded from evidence.)
W/c is designed to limit liability for serious work injuries, like major back injuries, and generally provides less coverage for major medical problems than other insurance. (80% of w/c medical costs is in the 10% most injuried cases so that's where cost containment is focused)
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