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Disability - cristaw - 01-07-2009 06:03 PM
I am from Connecticut. I have a question about what my attorney stated to me yesterday. One of my work related injuries involves a partially torn disc in my lower back. I was told by my attorney and the commissioner that my back injuries would have to wait until after my other surgery. That took place 2 years ago. Six months following my surgery, I pleaded with wc and my attorney to have my back injuries addressed. I had gone through 12 weeks pt in 2005 (same employer, work related injury accepted). But, my condition has progressively become much worse, I can barely walk now. The docs I've seen have suggested surgery and from what I experienced with the other injury, I declined that. I stated to my attorney that I will not go through surgery and he suggested that he write a letter to deem me completely disabled I think through the state.
Do you know if my attorney would be eligible to collect on any future disability payments through total disability, should I decide to go this route? And, am I giving up any of my rights? Any settlement would be the second choice--I would prefer to keep the case open indefinitely.
RE: Disability - jayne - 01-07-2009 06:25 PM
first off welcome to the greatest work comp site.......I have no answers for you but someone will come along soon that will
RE: Disability - AQA - 01-07-2009 06:39 PM
The issue of refusing surgery could be a bad move.
Hypithetically, an individual has a back injury and can barely walk. Surgery is recommended to improve the individuals condition. The individual refuses. The individual gets a low rating and the case is closed. Including medical.
Question, who is resposible if condition worsens????? Not WC.. That case is closed. I don't think any health insurance is going to cover it, because the condition is pre-existing.
Another thought, WC. is going to have a problem with it. They may look at the situation as, some not wanting to get better. Hence; may not give a rating at all.
Being completely disabled, is that with WC. or Social Security?????
Just my thoughts. Take Care
RE: Disability - 1171 - 01-07-2009 07:39 PM
I don't think most work comp systems penalize a patient for refusing surgery. the rating should be based on their actual condition and not estimated or artifically lowered because they can't/won't have surgery.
in any event connecticut work comp benefits pays total disability as long as that condition continues. attorney fees are based on benefits securred include such lifetime total disability.
RE: Disability - Cycler - 01-07-2009 07:56 PM
if the AMA Guides is sued for a rating then NOT having surgery would generally INCREASE the rating.
RE: Disability - cristaw - 01-07-2009 08:29 PM
Thank you all for your responses. When I went through this "other" surgery, the insurance company took me out of pt b/f my doc wanted me to be taken out. I am not willing to do this with my back.
RE: Disability - cristaw - 01-07-2009 08:34 PM
Since I have not been through the workers comp process before, I am not sure whether or not this is under workers comp or social security. I haven't agreed to anything yet, however. Thanks again for your response.
AQA Wrote:The issue of refusing surgery could be a bad move.
Hypithetically, an individual has a back injury and can barely walk. Surgery is recommended to improve the individuals condition. The individual refuses. The individual gets a low rating and the case is closed. Including medical.
Question, who is resposible if condition worsens????? Not WC.. That case is closed. I don't think any health insurance is going to cover it, because the condition is pre-existing.
Another thought, WC. is going to have a problem with it. They may look at the situation as, some not wanting to get better. Hence; may not give a rating at all.
Being completely disabled, is that with WC. or Social Security?????
Just my thoughts. Take Care
RE: Disability - jaspell - 04-22-2009 12:07 AM
I would try and answer your question but honestly I have no idea how to sort out what you are asking. You're talking about your back and this other surgery and it isnt clear at all what is what. If you can rephrase it more clearly or call me I will see if I can give you my two cents.
Jim