Legal Question in Workers Comp in District of Columbia
Back surgery
If you have an MRI and it says you are permanently disabled
unless you have surgery, and you choose not to have surgery are
you still eligible to receive total permanent disability. I have had
one surgery already and I do not want to go through it again. Will it
affect the outcome of my case. I am currently getting temporary
total disability, going for total , depending on MRI results.
2 Answers from Attorneys
Re: Back surgery
There are four categories of workers' compensation benefits. The applicability of each category depends on a multitude of factors.
Maximum medical improvement is a medical decision. A determination that surgery is required to improve your condition is also a medical opinion.
The type of insurance has an effect in relation to your specific condition. Presentation of your case is equally important.
You should speak to an attorney. I can be reached at
(410) 799-9002 or by return e-mail.
Re: Back surgery
You cannot be forced to have surgery in order to establish a level of permanent injury. In DC, a back injury is considered to be "unscheduled". that means that the permanency award isn't determined by a fixed number of weeks, but by the diminution in earning capacity you have incurred because of your injury. I strongly urge you to seek the services of an experienced worker's comp attorney who handles DC cases before pursuing a permanency award. As long as you are receiving TTD, there's really no urgency to go after permanency.
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