You should consult an attorney, if youhave not already. This is not a yes/no question. If you really think that you do not want the surgery, then it may be a good idea to settle now while a doctor is recommending it because the value of your case is more with a surgery recommendation. However, if you think that you will want the surgery, it may be in your best interest to keep your case open and have it under workers' comp so that they will pay for it and you will get your indemnity benefits...
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If the mediation is a state mediation, they have to ask approval to attend by phone from the state mediator. Most state mediators do not allow the claimant's attorney to attend by phone, especially if the claiamnt is attending live. If it is a state mediation, you could contact the state mediator. However, if your attorney told you that with no explanation, it sounds like there is a lack of communication between you and your attorney, which may be the bigger issue.
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i would need more info. Did you get the results of the MRI? Did you follow up w/ the dr? If you still have questions, consult us or another atty in your area.
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IF YOUR CLAIM HAS BEEN ACCEPTED, IT WILL NOT MATTER WHERE OR IF YOU WORK RE: YOUR MEDICAL BENEFITS. YOUR MEDICAL BENEFITS WILL CONTINUE AS LONG AS YOU CONTINUE TO GET TREATMENT THROUGH YOUR WORKERS' COMPENSATION DOCTORS. THE ONLY THING THAT COULD BE AFFECTED IS YOUR ENTITLEMENT TO LOST WAGES, BUT THAT MAY NOT BE AN ISSUE. EVEN IF YOU TAKE A NEW JOB, REMEMBER TO FOLLOW UP WITH YOUR WC DRS. IF YOU GO MORE THAN 2 YEARS FROM YOUR LAST DATE OF TREATMENT, YOUR STATUTE OF LIMITATIONS WILL EXPIRE....
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Generally, if your claim has already been denied, you can treat with any provider. If your claim is later accepted as compensable, the insurance company will have to pay all of your past medical bills for medically reasonable and necessary treatment. Your employer does not have to abide by non authorized doctors work restrictions, but it may be possible to get the back TTD/TPD if snd when your claim is later accepted. Consult an attorney ASAP. The facts of your case could affect all of...
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You need to consult an attorney and provide them more information and specific questions. It is not clear if you are asking about what your emploment rights are or your rights under WC. Under WC, if your employer does not provide work within your restrictions and you have not yet attained MMI, then the insurance company should pay you temporary partial disability payments while you are out of work until you reach MMI or are returned to work with no restrctions.
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Call an attorney now. It is not too late at all.
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i agree that your best bet is to look for a new job. in regards to a settlement, noone is "entitled" to one. The only way to settle a WC case in Florida is for both you and the insurance company to agree on an amount. This is certainly something that you lawyer could discuss with the insurance company for you. Be warned that a WC settlement does not include pain and suffering. The offer is made to you based on what they think you are going to cost them in the future. You should call your...
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If you have not changed drs before, you have the right to change a dr now. you also are entitled to an IME with a physician that may or may not be paid for by the insurance company. You should consult an attorney who can give evaluate what your medical options are at this point.
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This is a question for a Florida Family Law attorney.
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