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Form 17....Need advice in South Carolina
#1
I received a TKR this past December and was released to return to work with restrictions in May of this year. I worked 2 days and suffered a 2 week setback as the light duty I was assigned reached beyond my restrictions.

My employer disputes that the position I was placed in was not within my restrictions but agreed to continue my TTD payments and requested a hearing to recover any monies paid to me that could be deemed erroneous.

The hearing was scheduled 4 days before my next appointment with my surgeon where at this point if all is well with me I will be at MMI and rated for PPD

My attorney suggested that we ask to set the hearing aside until after my next appointment with my surgeon and the response we received was in agreement provided I sign a form 17. My attorney stated to me that in signing this form I was not agreeing with my employer that I could return to work, that it was basically giving the IC legal right to cease my TTD payments ( I would lose only one payment before reaching MMI) and my attorney felt we would have a better outcome dealing with this situation at a later date, I agreed.

In receiving the form 17 yesterday It clearly states that by signing I agree that I could return to work. I am extremely uncomfortable signing as I am unsure how this can come back to "bite me" I also received the drafted letter to the Comp. Commission concerning cancellation of the hearing (which was yesterday) and it clearly states the dispute with my employer, if I sign the form 17 could this cover me?

I fully intend to speak with my attorney about my concerns before signing the form 17 and I do place much faith in her as she has won small battles for me thus far. I'm simply asking for another opinion just incase I'm not understanding clearly or am being led blindly.

Thanks for any assistance,
Gin....South Carolina
Let us not look back in anger, nor forward in fear, but around in awareness!!
 
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#2
If it were me, I go to the Hearing.

It's my opinion only.

A surgeon isn't an attorney, and a attorney isn't a surgeon. Both have their own fields and need to stick to them. Let the surgeon do the medical, let the attorney handle your case.

I would go to the hearing, forget the Form 17. Take my chances at the Hearing. For the next Hearing might be 2 or 3 more months down the road. Get things done now, don't put off what you can do today, for another day, it's not worth it.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#3
Bad Boy Bad Boy Wrote:If it were me, I go to the Hearing.

It's my opinion only.

A surgeon isn't an attorney, and a attorney isn't a surgeon. Both have their own fields and need to stick to them. Let the surgeon do the medical, let the attorney handle your case.

I would go to the hearing, forget the Form 17. Take my chances at the Hearing. For the next Hearing might be 2 or 3 more months down the road. Get things done now, don't put off what you can do today, for another day, it's not worth it.

Thank you for responding!

Unfortunately the hearing would have been yesterday, a day late and a dollar short in making my post here today. I was torn as to what to do concerning the hearing and actually felt taking my chances was the way to go.

My attorney felt we had a 50/50 chance at the hearing and advised to put the dispute aside until I reached MMI and at this point we my stand a better chance of an outcome in my favor and possibly compromising with the IC as not to reschedule another hearing.

All water under the bridge at this point! I will see my surgeon Monday and move forward in hopes of a settlement soon.

Thanks so much for taking the time to respond, I greatly appreciate it!

Gin in South Carolina
Let us not look back in anger, nor forward in fear, but around in awareness!!
 
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#4
Did you go to the Hearing? Or put it off then? I'm sorry I got back to you so late. I wish this would have been posted way sooner to see if you may have had other options and such. I'm so sorry...

Please by all means keep us up dated then.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#5
Bad Boy Bad Boy Wrote:Did you go to the Hearing? Or put it off then? I'm sorry I got back to you so late. I wish this would have been posted way sooner to see if you may have had other options and such. I'm so sorry...

Please by all means keep us up dated then.

Thank you, you are too kind!

I agreed last week to set the dispute aside and to cancel the hearing. Upon receiving the form 17 yesterday I became concerned with the verbage and came here for another opinion/advice before signing.

Since my post here I have talked with my attorney and she assures me that the form 17 is a generic form and by signing it I am only agreeing to allow the IC to cease with my TTD payments. Other documentation clearly states that I do not agree that I was able to return to work performing the assigned duties.

At this point I will keep my faith placed in my attorney and allow the chips to fall where they may.

I feel that I have already won this battle as I have received my new knee, the surgery was successful, paid for and although I may never have full use of my knee due to it's poor shape before replacement as well as Arthrofibrosis post surgery, I have been blessed.

Having said all that, at age 45 if a dollar amount via settlement should be offered, I am smart enough to accept it provided it is the proper amount pertaining to my situation. Future medical benefits is what is most important to me at this time.

Thanks so much for listening to me ramble and for your time and concern!!!

Gin in South Carolina
Let us not look back in anger, nor forward in fear, but around in awareness!!
 
Reply
#6
I too have had a Total Knee Replacement (TKR). Not under my work comp claim though. Since it was done, I feel it served me right. As the major pain before was just way too much. Let me say this, it will take about a good year, before you see full results. Yes, there is going to be some pain, mostly discomfort at times, but I can say medication not needed for it. I worked very, very hard on the Range of Motion (ROM). I can now bend this knee past the 120 degree mark. I was told if I got to 80 to 100 degrees I would be doing good. I past that big time, it takes plenty of knee work outs to get there, and it can be done trust me, as I proved it can, to myself, and Ortho surgeon. You just have to do things you think hurt the knee, and push past the pain. It will stretch out to benefit you. I done plenty of stair practice, and now walk up and down stairs like a normal person. Right leg then left, up or down the stairs, each step a slight squat to stretch the muscles, and tissue. It work great over time. You need to remember, you have to keep up your knee workout, for the old saying goes, use it or loose it is very true. I was told to work the knee for life for best results.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#7
Bad Boy Bad Boy Wrote:I too have had a Total Knee Replacement (TKR). Not under my work comp claim though. Since it was done, I feel it served me right. As the major pain before was just way too much. Let me say this, it will take about a good year, before you see full results. Yes, there is going to be some pain, mostly discomfort at times, but I can say medication not needed for it. I worked very, very hard on the Range of Motion (ROM). I can now bend this knee past the 120 degree mark. I was told if I got to 80 to 100 degrees I would be doing good. I past that big time, it takes plenty of knee work outs to get there, and it can be done trust me, as I proved it can, to myself, and Ortho surgeon. You just have to do things you think hurt the knee, and push past the pain. It will stretch out to benefit you. I done plenty of stair practice, and now walk up and down stairs like a normal person. Right leg then left, up or down the stairs, each step a slight squat to stretch the muscles, and tissue. It work great over time. You need to remember, you have to keep up your knee workout, for the old saying goes, use it or loose it is very true. I was told to work the knee for life for best results.

After my replacement I had 3 months of therapy 3 times a week and battled from 60 ROM to 80 and at that point had an MUA. The MUA was successful and I have now leveled off at 107 ROM at 61/2 months post op.

My exercise routine is treadmill, bike and as of late swimming which seems to work wonders for my knee. Stairs are my major problem, walking down them I almost look normal but walking up causes great pain with each step. I seem to want to "one step" them and have to make myself walk properly.

In general I don't have much pain at this point as long as I don't sit for too long or stand in one position for any length of time, my knee feels it's best when I am walking.

Thank you for sharing your information with me, it's always nice to hear such success stories.

Continue to enjoy your knee!

Gin in South Carolina
Let us not look back in anger, nor forward in fear, but around in awareness!!
 
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