Legal Question in Workers Comp in Maryland

Already went to Disability rating, now returning to DR??

I am unsure of what happens at this point. My WC case was heading for settlement, I went to my disability rating at the beginning of this month. Now I am being sent back to my ortho dr, neurosurgeon and pain mgmt. I had fell and injured my shoulder and neck (herniated 4 discs) I had shoulder surgery the end of March. My TTD pymts ended in May (WC just stopped paying) So it was either go for a hearing to get my TTD reinstated or settlement. It has been over 2 yrs, and I had declined surgery.. so I thought settlement. Now I have developed SEVERE headaches, which I am told is Occipital Neuralgia and my DR's say I need the surgery. What happens now, does the disability rating count?? Will my TTD start again? I have learned to deal with the pain in my neck, arms and shoulder.. but these headaches are horrendous. ( I cannot function AT ALL with these ) Please help and tell me in which direction I should proceed.


Asked on 11/13/07, 11:04 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Already went to Disability rating, now returning to DR??

Unless the insurance company disputes the need for surgery, your ttd should resume during the surgery and convalescence from it. After surgery and the time the dr. thinks is necessary to release you, he will have to reevaluate you for permanent disability.

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Answered on 11/13/07, 11:14 am


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