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Worker's Compensation Information about worker's compensation claims process and worker's comp benefits.

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Old 09-18-2005, 02:40 AM
Ciaran Ciaran is offline
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Join Date: Sep 2005
Location: Tennessee
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Default RSD from injury, and reopening a settled claim
The orig settlement stated former emp pay for continuing med coverage on orig injury & anything new as result of orig injury.Their pain mgmnt doc I've been seeing since 2002 got ok from w/c to send me to neurosurgeon in 2004 since orig debriding done by now retired ortho doc in 2002 didn't help(made it worse).Neuro and ENG tests in 2004 showed more nerve damage/involvement since orig ENG tests in 2002.Neuro tests(MRI,Myleogram) showed have developed degen disc disease due to way have to walk due to orig inj(have to use quad cane but still fall very often) & neuro doc said need rod implanted in back but couldn't do it til knee replaced(this is what their orig ortho doc wanted in 2002 but former emp said no).When w/c told former employer what neuro doc said, they refused to let me see him again.Pain mgmnt doc also got the ok & sent me to physiciarist due to severe depression(suicidal & still am) from the constant,severe pain.After about 5 visits,former emp made w/c make me quit seeing him & getting antidepressants.Pain mgmnt doc wants med pump &dorsal spine implant but neuro doc can't do these til get knee replacement(orig site of inj in 2002).Former emp said"wait til 65 & let Medicare pay for it"(I'm in early 50's).Now pain mgnt doc diagnosed me w/RSD.Can I reopen the case due to new,incurable dystrophy caused by orig inj?Also can former emp tell w/c to withhold paying me mileages going to docs they sent me to?Have never recvd any mileage pay from injury date in 2002 thru present.They are former emp caused day of money settlement(which wasn't much) they had my sep notice already made out.My "attorney"knew about this but didn't tell me & just had me sign court papers w/o knowing they said I was resigning.I wouldn't have resigned-I had worked there 15 yrs & loved it. Can new case be brought because of new condition caused by orig injury or can old case be reopened? I am still trying to get on SS Disability.
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Old 09-18-2005, 12:03 PM
aaron aaron is offline
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Join Date: Mar 2005
Location: Michigan
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Default Re-Opening Workers' Comp Settlement
Whether or not you can reopen the case, and what you are entitled to recover, depends upon the terms of your settlement. You should have the settlement agreement reviewed by a workers' compensation lawyer in your state.
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