worker comp

[verdiemac]

What is the name of your state (only U.S. law)? tenneessee
note: one of my docs said he did not think surgery would help. one doc said it would help, utilization review denied the surgery-do i still get an impairment rating and medical treatment if it gets worse in the future. thanks--i had a rotator cuff repair 10 years ago on the same shoulder, now have severe tendinitis doc that wants to do surger wants to do a bicep tendinesis or something like that where he reattaches the bicep tendon.

 

[commentator]

What is the name of your state (only U.S. law)? tenneessee
note: one of my docs said he did not think surgery would help. one doc said it would help, utilization review denied the surgery-do i still get an impairment rating and medical treatment if it gets worse in the future. thanks--i had a rotator cuff repair 10 years ago on the same shoulder, now have severe tendinitis doc that wants to do surger wants to do a bicep tendinesis or something like that where he reattaches the bicep tendon.

This question should really be attached to the other post, kept all in the same area, in other words. But yes, if you have a permanent impairment rating for your shoulder, and you seek medical treatment again with this condition within--I believe it is two years (ask your attorney) in TN, then you do get medical treatment paid for by WC if it gets worse again within that time. And if you keep going back every so often, you are covered medically for as long as you need it. (And two years past this last treatment, each time, if you seek treatment again within 2 years)

But if you settle now, and have no further problems for a while, and you let say, three years lapse without seeking any further treatment for this condition, then you wouldn't later be able to get medical treatment for it through Worker's Comp.

They may try to buy you out regarding future medical costs, there may be something about "future medical" in your settlement agreement. Whether to accept that is a decision you and your attorney would have to make. You decide whether it would be better to accept more money at the beginning and take a chance that the condition will not come up again, or refuse the buy out, and leave Worker's Comp liable for future medical claims concerning this condition.