Q: My present Lawyer on my Worker Comp Case keep Neglecting to write down my Diagnosis of Cervical Myelopathy on all his Re
I have a very Serious and Severe Cervical Disc Problems. My Attorney will not Never Write this Down. Three Neck Disc Herniation. Diagnosed Cervical Myelopathy. Had Failed Neck Surgery. He keep asking Me to Settle with my Company and have Future Medical. This do Not feel Right. What shall I Do?
A: It sounds like you may be a “failed back surgery” case. This designation can mean in workers compensation your permanently totally disabled so you should be sure your attorney is working up your case properly and completely or consult with another attorney who has a lot of experience, is hands on with your case, talks to you, explains everything including his case plan to maximize your case
A: If you're in Charlotte North Carolina, that state has entire different regulations for Workers Comp ratings. You've asked your question about CALIFORNIA Labor Code rules and regulations. In california, it makes NO DIFFERENCE if your lawyer writes 'Myelopathy' or Impingement or Disc Disease. Ratings are NOT dependent on a phrase. Ratings are the result of the examining physician finding you have WHOLE PERSON IMPAIRMENT in the Spine. Whether the impairment is from 'myelopathy' (a generic term for damage, non-specific) or from a failed surgery or from nerve-root impingement, it gets the same finding when the physician finds the physical evidence on the MRI/CT and the impact on activities of daily living. The judge can only look at two findings: that of the QME and that of the Primary Treating PHysician. If you disagree with the one that the attorney is basing the settlement proposal, TELL THE ATTORNEY YOU NEED A DIFFERENT REPORT with a much higher Whole Person Impairment. If both the QME and the Treating PHysician have already reported, it's too late. You cannot unring the bell. You can go through the reports with your attorney to see if there are oversights and errors. But doctors very rarely change their mind at a deposition and never change their mind just because the injured worker isn't happy with the amount of settlement money. If your attorney won't go through the two reports with you and show you what the judge would award at trial, MAKE THAT APPOINTMENT or go get an attorney who will do that.
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