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I/C responsibility
#1
Hi to all, I have a question, if I am found to be permanently disabled due to my cervical issues a claim from 2005 can I still hold the other i/c responsible for severe nerve damage for my elbow a claim from 2002.
just another day in the life. cervical fusion c5-c6-c7 in 2005 reinjured in 2007. michigander.
 
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#2
First you need to tell us, are both the claims seperated, and have either been settled as of yet, or what is going on in those cases at present time.
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
Thanks BB neither case has been settled and they are from two differnt employers although were in that process now for the cervical. In 05 I had c5c6c7 fused was good for about 1 1/2 years then scar tissue, bone spurs and arthritis filled the surgery site and surgeon wont go back in sent me to p/m. I have been in settlement process for about 1 1/2 years had a few hearings had ime and v/r interview that say I can no longer return to the trade ive been doing all my life im 50 and have never done anything else. The elbow was from falling from a loading dock in 02 crushing it and tangling the ulna recieved w/c but never settled.
just another day in the life. cervical fusion c5-c6-c7 in 2005 reinjured in 2007. michigander.
 
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#4
I'm very sure if both cases are still active in your State, then yes both can be settled seperatly. When you say permanently disabled, and one thinks totally disabled, there are major differeneces.
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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#5
yes.
a later injury and claim to a different part of the body does not wipe out benefits from an earlier claim.
most claims have a time limit in which to claim additional injuries or 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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#6
Thanks BB and 1171 im not even sure as to what type of disibility I will ultimatly be assigned. I was just wondering if they found me totaly disabled, meaning I could no longer be gainfuly employed with the cervical claim. then the other i/c for my elbow may say im not employable anyways. I am from mi.
just another day in the life. cervical fusion c5-c6-c7 in 2005 reinjured in 2007. michigander.
 
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#7
You will never see a totaly disabled rating with a 2 or 3 level cervical fusion. A rating to Partial Disabled you will see and get. Then they add a rating to the Elbow/nerve damage. 2 different cases, two different ratings, yet still will not add up to totaly disabled.

Trust me on this, you don't want to wish for a totaly disabled rating. For you then are not going to like what type settlement you will get. Trust me...
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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#8
For me honestly it realy is all to confuseing so let me ask you this, if I am found unemployable what would that be called. I say unemployable because I wont return to my trade, im sure I have no transferable skills and im 50.
just another day in the life. cervical fusion c5-c6-c7 in 2005 reinjured in 2007. michigander.
 
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#9
As far as what type of settlement I get I dont know what to expect I have been fortunate to have had u/e for the past 1 1/2 years due to how my employer handled the situation after the reinjury. But I think that after all I have given to past employers for the past 30 years I deserve something for cutting my work life short by 20 years. I loved what I did and was good at it and I miss it.
just another day in the life. cervical fusion c5-c6-c7 in 2005 reinjured in 2007. michigander.
 
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#10
All depends on what type work you had done when injured. As for work comp, all jobs have transferable skills to be matched.
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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