Q: My husband, John, got a torn right rotator cuff injury at work. He has seen a doctor for this and is currently receivin
workers compensation. He also has esophageal cancer that is metastatic and extremely aggressive. He days ago recieved the pt scan results that indicate the cancer has spread to more areas of his body. Our question is, being that this cancer is as aggressive as it is, is there a way to get a settlement on the shoulder injury. He cannot get surgery anytime in the foreseeable future because of the chemo as well as a newly discovered blood clot in his left lung for which he is on blood thinners for as well. Is there a way to get a more immediate settlement on the shoulder injury?
A: I sorry to hear you husband is having a rough go of it. If your claim is filed through the Texas Department of Insurance, Division of Workers' Compensation, there is no settlement. If surgery has not been recommended or he chooses not to have the elective surgery, you could attempt to get an impairment rating. I could assist you in this matter if you would like.
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