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RSD CRPS MMI
#1
TheHello All!
I have come on this site many times to get information and now registered so I could get some advice/guidance.I am from NY by the way.
I was hurt at work a year ago. Needed an Achilles' tendon transfer. Developed RSD/CRPS as result of surgery. I have suffered so much with constant pain due to this injury that there were times aid thought I couldn't live with it another day. Anyone who has this dreaded disorder knows what I mean. Every doctor I have been to and every IME the IC has sent me to all agree on the causal RSD so that's not an issue thank God. A few months ago I went back to work but only part time 16 hrs a week which I find extremely difficult but was forced to because one IME Drcsaid 6 months  ago that I was only moderately disabled before he realized how bad the RSD was so IC cut my benefit in half.
I recently went for an IME at IC request. He said I am MMI and have me a rating of 75%  marked permanent partial disability NON SCHEDULED because of RSD. I have a court date coming up and I was under the impression that I was going to get a lump settlement and keep the medical portion open. My Atty told me today that they will likely not offer me a lump settlement if I keep the medical open as there is really no incentive for them to do so. Having been out of work for nearly a year I am in debt way over my head. If IC doesn't offer a lump settlement can I petition WC court and ask for a partial lump sum to pay off debt accumulated from being out of work? Based on my rating I am entitled to 400 weeks compensation loss wages from what I was making at time of injury vs. what I am making now. I wouldn't care not getting the lump sum and being paid over time if I could settle my debts and get the bill  collectors off my back. Has anyone on here ever done  that before? Any help would be greatly appreciated!!!!! Also , if they pay me over the course of 400 weeks do they still get to harass me and send me for  IMEs every 2 months like they have been doing? Thanks again
 
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#2
As you can see from form c22 it requires employer/carriers agreement for non scheduled disability:
http://www.wcb.ny.gov/content/main/forms/c22.pdf

Since your work status and post injury wages can change at any time, pre-payment of an indefinite & undefined amount cannot be calculated.

As long as they are paying for your treatment , they still have the right to request an IME. You have the right to object. Both sides are entitled to obtain medical evidence to support their decisions.
You wouldn't want them to cut off treatment against Their doctors advice.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Is there any way to appeal the IME that stated you can work part time? It sounds like you should be on SSDI and not working if working causes unbearable pain. I am not at all familiar with your states laws, it just does not sound right what is happening to youSad
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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