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How Does Refusing Surgery Affect The Case? - Printable Version

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How Does Refusing Surgery Affect The Case? - Scaffoldrider - 06-01-2014

Hi,

I have had some nice responses to other questions here on the forum, so here goes again! I need 5 surgeries and say I decide not to do any of them, how does it affect the case. It's a New York Workers Compensation case.

I'm aware no one can make me undergo surgery, but how does
it effect my bi-weekly check? Can I stlll apply for SSDI by refusing
the surgeries. To be honest, I'm just looking down the road.
I have a lawyer, but curious to see what some might reply from
their own personal experiences.

I'm totally against back surgery and total knee replacement in both knees, right now! I need surgery for carpal and cobitual surgery but really not certain I want to follow through with this
either. If I decide against everything and tell the doctors will they then state I reached the MMI stage. Doctors and lawyer all recommend surgery, right now I can live with the pains. My goal down the line is to get a settlement and keep my medical open.

If anyone has denied surgery, I would appreciate hearing how it affected your case! Thanks again!






RE: How Does Refusing Surgery Affect The Case? - 1171 - 06-01-2014

generally if there are no other treatments available then you would be found to at Maximum Medical Improvement and would proceed for permanent impairment determination.
once you are at MMI you would no longer be temporarily disabled and those benefits would stop.
SSDI has different rules then comp.
SSDI eligibility is based on one year of inablility to work: a physician would have to have a different opinion on that to affect those benefits. if you are only partially disabled you would not be eligible for SSDI. it is likely that for workers comp you would be permanently partially disabled.
you can request vocational rehabilitation
http://www.wcb.ny.gov/content/main/Workers/rehab.jsp