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Work Release Question - Arizona
#1
I have a case which started in 2003 when I herniated a disk in my neck. I have had three fusion surgeries, one in 2003, one in 2018 which didn't take, and another in 2019. I am 69 years old and have been disabled since 2005. I
have had no taxable income since 2003.

My neurosurgeon does not believe I am ready to return to work at this time. He
is pressured by the case manager for a work release, as she is unwilling to accept his opinion. Therefore, the case manager has twice attempted to fabricate a work release. My doctor has twice had to defend his opinion to clarify that he has not signed a work release. My attorney defended me the first time and had my benefit restored. This second time, he wants me to go along and acquiesce to the case managers request. I am confused!

Isn't the point in question important to my case?

My neck, arms and shoulders are still impacted by my injury. I am receiving treatment for these continuing problems. Due to my age and my condition, after being disabled as long as I have, it is a misrepresentation for me to currently state that I believe I can return to work? My attorney advised that this is normal procedure, is this true? If I am currently unable to return to work do to the extent and length of my injury and my doctor
agrees, isn't this important? Should I get another opinion before agreeing to the insurance carrier's position?

Kosmo
State of Arizona
 
Reply
#2
The question is important. I assume your attorney does not feel confident about winning the issue and restoring your benefits on this occasion. You should ask them to explain why your evidence now is weaker then before?
Isn’t the question about returning to any gainful employment? And not just your pre-injury employment?
You should also find out what you have to gain by agreeing that you can perform some work rather then risking an adverse ruling by the comp court?
The process of negotiation involves agreeing to some benefit in order to avoid a potential worse loss.
Has your attorney already gotten their fee?
Will there be an additional fee for their further representation on this new attemt to change your benefits?
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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