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  1. #1
    Join Date
    Nov 2013

    Default Benefits Reduced Due to Pre-Existing Arthritis

    I think I've been screwed by unethical lawyers, won't lament that here, but now I have a dilemma. After having Workers comp drag my case out for 10 months, I received a court judgement declaring that
    worker's comp has to pay me 40% and gets to withhold the other 60%, including that I have to return 60% of weekly income which adds up to about 8K which I don't have. I also don't have the other 60% I need to get the surgery. My doctor told me that I have arthritis in my shoulder from repetitive work and that same repetitive work caused the arthritis to tear my rotator cuff. So I filed for worker's comp. Now I'm screwed. I still need the surgery, but the court agreed with workers comp that my arthritis was pre existing and that lets comp off the rope for 60%.

    Can I apply for 60% TDI...can I get it retroactive so I can pay back the 8K the court ordered to worker's comp?
    Can I get Blue Cross to pay for the missing 60% so I can have the surgery?
    I can't make an appeal, so that is not an option. I need to get this surgery behind me and get back to work before there is not work to return to.
    Any suggestions about how to proceed would help.

  2. #2
    Join Date
    Oct 1971

    Default Re: Judgement Due to My Having Previous Existing Arthritis 40% My Favor 60% Workers C

    Can I apply for 60% TDI...can I get it retroactive so I can pay back the 8K the court ordered to worker's comp?
    If you where eligible for TTD, I'm sure the court would've awarded it.
    You better consult an attorney, something doesn't sound right here.

    Consult and hire a lawyer pronto.

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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