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Question about Award received from January 30, 2017 - Printable Version

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Question about Award received from January 30, 2017 - Kellie - 04-14-2020

State of Arizona ongoing cervical spine injury.

I am 68 years old now. My date of injury was January 6, 2003. On November 3, 2004, the defendant insurance carrier issued a Notice of Claim Status closing my claim with permanent impairment. In 2017 my attorney petitioned to re-open my claim. The Industrial Commission ordered that my claim be reopened and awarded: Medical,surgical and hospital benefits until such time as my condition is determined to be medically stationary.

I had my second fusion surgery in July of 2018. The fusion was extended from
C-3 to C-7. Old hardware removed and new installed. While I was hospitalized my attorney passed away. Later, in December of 2018 my doctor retired. In march of 2019 my new neurosurgeon explained that my new hardware was failing and there was a screw half way out of my vertebrae headed into my throat.

My new neurosurgeon assured me the proper thing to do would be to go back in and remove hardware and replace with "locking screws." I was scheduled for surgery October 16, 2019. His office struggled trying to work out the details with the carrier and I was wheeled in to surgery with a needle in my arm on October 16, 2019. As I laid there my surgeon told me the surgery had been canceled due to a last minute call from the carrier saying
they would not pay for my surgery unless I was completely nicotine free. I
have smoked for over 50 years. My condition, in that respect, was the same as it had been in July of 2018. This manner of interference by the carrier has now ruined my chances for a surgery by that particular neurosurgeon. The doctor/patient relationship has been so compromised that even though I have
quit smoking, my doctor cannot depend that I will not restart at some future date. There is no longer a trusting relationship between the doctor and I and
the method of interference employed by the carrier will always be a blemish associated with my name at that office, hospital, etc. My name is associated with a waste to everyone's time even though everyone agrees, it wasn't my fault.

I still receive therapy from my pain management doctor of seven years but at
68 years of age, it is hard to see how this is going to ever proceed. I was on disability until it turned into regular medicare. I never worked again after my first surgery in 2003.

I have a new attorney who is receiving 30% of my monthly monetary reward
to represent me. He has been unable to be of any use or furnish any successful advice. I do not understand what will happen next? Can they simply say I am medically stable and stop my monthly benefit? At 68 years old my wife and I depend on my benefit money for our mortgage, food, health insurance, etc.

I need some sort of idea of what I can do before I am eliminated!

Thank you,
Kellie


RE: Question about Award received from January 30, 2017 - 1171 - 04-14-2020

You can change attys at any time.
You permanent impairment benefits can change as your impairment changes.
You should file for ssdi.
For more inforemation on comp benefits in Arizona
https://www.azica.gov/divisions/claims-division