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Need advice IN Pennsylvania
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01-21-2009, 12:38 PM
(This post was last modified: 01-21-2009 01:23 PM by burns54.)
Post: #1
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I will try and make this as brief as possible. D.O.I. Aug. 05, First Surgery 1-06, Second Surgery 11-06 all surgeries were ulnar nerve transpositions. Both failed. Surgeon is a panel doctor for WC. I had 4 EMGs all confirming ulnar denervation. Left arm weakness, color changes, temp changes, off the chart burning pain. DX. by pain MD with RSD. Sent for 4 IME's all with the same hand surgeon. Now the problem I need advice with. I have had several court appearances My attorneys took a deposition from the surgeon who took my arm apart twice and put it back together, he has treated me right along, he is a very well respected Dr. in NE Pa. I trust and admire him. Keep in mind he is a wc panel Dr. I have never treated outside of the WC MDs not even with my PCP. I am a nurse a figured if anyone wants me put back together and functioning it would be the WC doctors. In his deposition he confirms that for all intent and purposes I have lost the use of my arm. and have developed a worsening of a pre-injury carpal tunnel condition due to overuse. So after this deposition, the attys for my employers insurance company send me yet again for an IME with the same hand surgeon to determine if I did indeed lose the use of my arm for all intents and purposes.
Now from what I am told by my attorney, is that they want to settle, I agreed to a figure that is far less than the specific loss amount would be. Pressured by my attorney because he now tells me that the judge is going to accept the IME's determination over the surgeons determination. "[AND HE DOESN'T EVEN HAVE THAT REPORT BACK".[/b][/color][/size][/font] So I told my attorney I am not signing a C & R on tuesday before the judge if I don't even know what the IME report is saying. I smell a rat! any advice would be greatly appreciated. It is to my understanding that I can withdraw my acceptance at any time is that correct. thanks in advance for all your thoughts PS the surgeon who performed the surgeries and the surgeon who performed the IME's are both panel doctors for WC but they are 2 different doctors |
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