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.