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Workers Comp wants to settle my arm (4% disabled) for 10%. I still have heterotropic bone growth there. Can I refuse to settle?

Olathe, KS |

Distal Bicep Tendon torn and sugically repaired. Heterotropic bone growth has developed and seems to have stop growing outward but looks to have gotten more dense. Possible problems down the road are more loss of arm rotation and nerve problems. Currently I have a 4% loss in arm rotation therefore they are assessing my loss as 4% loss of my arm. I stuttered if I wanted to perhaps seek counsel and they immediately bumped it to 10%. The work comp doctor says I'll be okay but I don't feel good about his answer. Can I refuse the settlement and leave the case open indefinitely without professional opinion or will I lose my settlement from doing so?

Attorney Answers 3


I think you should speak to an attorney. I can give you a name if you like

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If this is a Kansas workers compensation case, you can leave your medical open but you need to do it with the right words that secure your rights and then you will need to resecure those rights every two years thereafter or they may be able to close out the medical care on your case. Of course this is presuming that your injury took place after May 14, 2011. Other rules apply if it was before May 15, 2011. You need to consult with a workers compensation lawyer right away. That lawyer can tell you how to both secure your medical rights but also how to get the most out of your case and a consultation for that should be free.

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As Mr. Riedmiller explained, you do not have to forfeit settlement to keep medical open. Contact him or another local WC attorney to assist you.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links:

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