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  1. #1
    Join Date
    Mar 2012
    Posts
    11

    Default Surgery or Not

    My question involves workers compensation law for the state of: California

    So if the Dr says I need surgery to fix my tennis elbow and its now been over 3 months since I hurt it and I can deal with it how it is now but cant return to heavy construction, what are my options? I am leaning to leaving well enough alone as he cant assure me this will fix it or even allow me to retun to heavy consruction.

    Any info or input appericated.

  2. #2
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Surgery or Not

    IMO, have it fixed or attempted to be fixed before it gets worse and while someone else is paying the bill. Worst case it doesn't get fixed. If you pass, and it gets worse later, you'll either have to live with it or pay for the attempted fix yourself.

  3. #3
    Join Date
    Mar 2012
    Posts
    11

    Default Re: Surgery or Not

    thats kinda what I was thinking, what if I dont let them try (for fear it may not do anything or make it worse) what does that do to my WC case?

  4. #4
    Join Date
    Sep 2011
    Posts
    287

    Default Re: Surgery or Not

    if you decline surgery or further treatment, the doctor will likely make you permanent & stationary.
    at which point your impairment can be rated and permanent disability benefits paid.

    if you elect surgery latter on, there could be a dispute as to whether surgery became necessary due to other nonindustrial intervening factors or the original work injury.

  5. #5
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Surgery or Not

    If your surgeon isn't confident enough, find one that is. An orthopedic with an ego shouldn't be difficult to find.

  6. #6
    Join Date
    Mar 2012
    Posts
    11

    Default Re: Surgery or Not

    thank you all for the info

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Surgery or Not

    Quote Quoting GW1115
    View Post
    My question involves workers compensation law for the state of: California

    So if the Dr says I need surgery to fix my tennis elbow and its now been over 3 months since I hurt it and I can deal with it how it is now but cant return to heavy construction, what are my options? I am leaning to leaving well enough alone as he cant assure me this will fix it or even allow me to retun to heavy consruction.

    Any info or input appericated.
    I have had doctors say to cut ... but really getting back into shape was all that was needed ...

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