These are both excellent questions, however, an attorney will need to review the settlement documents and get a lot more factual information before an answer can be given. I hope that you had an attorney who represented you on your workers compensation claim and the negotiation of the settlement. You should contact your workers compensation attorney and present these questions to him or her. If you did not have one, now is the time to secure one.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You have a new claim with a new Insurance company at the same employer. I am not sure your employer failed to accommodate you, but I understand that is your impression. After you file the second shoulder injury, if you REALLY want to give Human Resources a Rolaids moment you can settle out the Future medical on the first claim. Then if you re-injure it in the future, the new carrier can pick up the treatment. I guarantee that they will be VERY careful with your restrictions after you do that. ;-)
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You have a new injury to the other shoulder, and you should proceed accordingly.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
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