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stuck - can't seem to reach "stable and stationary"
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09-05-2009, 01:20 PM
Post: #1
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In AZ - hubby fell approx 35 feet from cell phone tower - 3-24-07
broken right femur - stabilized with steel rod - basically resolved, multiple rib fractures - resolved brachial plexus nerve injury - limited strength and function of right hand/arm - constant pain somewhat managed with meds ( Lyrica and Cymbalta) have tried new meds Savella , but caused brain swelling, worked better but unable to continue - ruled out nerve root damage not a surgery canidate- past regrowth time period - " as good as its going to get" spinal compression fractures T-11 & T12 - MRI shows little progress in healing over 2 1/2 yrs - explored surgery options not a canidate, attempted epidural and steroid injections not helpful no longer reccomended treatment. TENS and now Inferential TENS unit helpful at times at but not overall beneficial - pain somewhat managed with narcotics - have tried new medications (Nucynta) but too many negative side effects - plan is to continue on meds until new meds that may work better are released - "prognosis of no change expected" PTSD - currently taking meds seeing psychiatrist monthly for medication monitoring and psychologist for counseling - stable continueing 1x per month TBI - EEG and MRI shows no physical brain damage but has eposodic vertigo, loss of consiousness and "zoning out" which he has no control over, short term memory problems, occasionally affects speech, change in personality, affect and emotional responses This controversial because there is no way to tell how much is injury vs medication effects. Dr has submitted MMI statement to WC- he doesn't do ratings but gave status and prognosis of "no change expected" He is currently on TTD which is very minimal in AZ and stagnant there, we are basically at supportive care levels of treatment but stagnant in moving towards settlement. Attorney says nothing much he can do until settlement offer is made, no way to force WC insurance company to establish MMI settle. This stagnant state is probably the most frustrating of everything so far. Any similar experiences or ideas of how to get process moving??. AZ automatically establishes long term settlements, must request for lump sum settlement once permanent disability is established. |
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09-06-2009, 08:41 AM
Post: #2
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RE: stuck - can't seem to reach "stable and stationary"
If the doctor says he is as good as he is going to get then I would think they would place him at MMI. Once placed at MMI I was able to file for a AMA guideline rating with my Occ. doctor at 11 months after injury. It took 30 days to get the result and because my doctor had a rating of 32% the WC IC sent me to their doctor who then said I was a 10% rating of disability.
Because of the differences I had to go to a hearing and face the hearing officer with the IC lawyer and they found the IC more credible. After getting that result I was then paid the 10% award after I called to see why they had not paid it if I was found 10% disabled at the hearing. The check was then sent to me right away. I would find out when his doctor would think he would be placed at MMI. carpal tunnel recurrence/ neuropathy / RSD. 1/29/07 injury date. Permanent. PIR settlement 8/4/08 10% |
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