[Kosmo]

I am 69 years old and have been disabled since 2005. In 2017 my attorney
reopened the original case from the date of injury which went to the Arizona Industrial Commission. The insurance company maintains I am able to return to work. However, it is very difficult to function and I do not have the normal
use of my neck and arms. My doctor says that he will not sign a back to work release at this time as my capacity to return to work is so questionable. The insurance company maintains that I can return to work, after not having earned any income since the first surgery in 2003. I can't do any physical work anymore and my capacity to function normally to meet the demands of routine
life requires more than I can usually provide. Does this mean I will lose the small benefit which I began receiving after my third fusion surgery? Is there any other way to proceed?

Thank you,
Kosmo

[1171]

The court will weigh the evidence from the carrier as well from you. If the parties cannot negotiate a resolution, they will rule based on which is the most persuasive.
I assume you re-opened to request a benefit increase. Someone unfamiliar with the facts of the case cannot offer a meaningful prediction of the outcome.
You should be using a two prong strategy: bolstering your evidence for an increase and also offering a reasonable settlement. If one is not working, push harder on the other. Your atty knows this.

[gustavowoltmann]

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