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NYS-I have just received written approval for surgery to install the spinal cord stimulator. My surgery isn’t scheduled yet but should be 4-5 weeks from now. My lawyer called yesterday and said that the carriers lawyer contacted her to see if I was interested in a settlement. I told her that I wouldn’t settle my medical and she agreed with my decision. She said she would see what they would offer and get back to me. My question is how can they offer a settlement when I still have surgery coming up and haven’t reached MMI? The doctors have me at 80% TPD as of now but once I have surgery it’ll be back up to 100%. My lawyer hasn’t discussed loss of wage earning capacity with me yet but I have stayed attached to the job market(court ordered) by applying to roughly 200 jobs in the last year with not one employer willing to hire me with my restrictions. The other thing I’m confused about is I have neck, lower back, right shoulder ,right arm and left left leg injuries all from the same fall. Will I have both schedule loss of use and non schedule classification? Sorry for all the questions just everything getting thrown in my lap at once. Thank you
Same State here... I just got the notice from the Carrier that they want a hearing for MMI and Permanency. They STILL have me listed at Temporary... I see Pain Management next Monday to discuss my next option, which will probably be surgery. I have over 80 applications (court ordered) and all the emails back saying I'm a risk and they don't have anything within my restrictions. Right now, I'm listed at 75% disabled, but have a feeling it's going up.. I'm having trouble walking and standing for a time and use my wheelchair.

Good luck with your SCS....
Thank you and good luck to you as well

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