UPDATE ON MY CASE THAT WAS APPEALED!

[feelinscrewed]

Wink Wrote:As some of you may recall, it was ultimately decided via Discography and CT Scan that I have two degenerative discs @L4/5, L5, S1 with pain radiating down my extremities.  My own doctor recommended that I opt out of surgery--honestly citing that I would be worse off afterwards.  I'll post his Recommendations to the Commissioner later.  To make a long story short, it all came down to a Hearing--so my attorney filed for such, asking the Commissioner to decide my case. The Commissioner decided in my favor and awarded me Permanent Total Disability with the maximum 500 weeks x the sum of my weekly TTD checks, plus Future Medicals. Well, as I related months ago, the attorney for the IC appealed that decision to the High Commission. The Decision on that appeal is finally in: The Commission unanimously upheld the decision of the Single Commissioner.  In other words I won the appeal.  The order is now law and can only be reversed if there is an error of law, abuse of discretion or it is deemed wholly arbitrary.  Almost a zero percent chance of something like that happening, according to my attorney.  I now have the upper hand in negotiations.  I'm now considering whether I want workers’ comp to remain in charge of my future medical care, or whether I would rather negotiate for payment of future medical care (Lump Sum it).

After all I've been through, (and most of you know that I barely complained about my troubles) I cannot help but feel vindicated--especially after the IC attorney told us (just before the 1st Hearing started) that, "We're not offering one dime to settle anything."   Thinking back on such arrogance...the little boy in me now has a BIG GRIN on his face and wishes to display to the IC and their attorney a little "affection" here!Sometimes I just can't help myself!!!

Hi, Wink. I'm new to the forum and have spent quite a bit of time (when allowed by my body, lol) reading up on various members trying to find someone that has my same symptoms. You sound pretty close. So, let me ask if I may, how long before the ic let you take the discography and CT scan? I was involved in a rear end collision 7 months ago and have received my lifetime medical award from the state for my left knee, neck, both shoulders and arms and my back. But, everytime the docs want to do a test or treatment I have to go for either a second opinion or this time (with the discography & CT scan) an IME. At times, I simply want to scream, either from the pain, numbness, feeling like a bumper car playing with the walls or just from dealing with wc! Any and all correspondence is greatly appreciated! Thanks!!