Hi !! I have both shoulders injured at work in February 2017 of repetitive movements, I have biceps tendinitis of both shoulders, rotator cuff tear Arthropathy of both shoulders, superior glenoid labrum lesión of left and right shoulder.. I had a surgery on September 27 2018 on the right shoulder I return to work on February 19 2019 since I returned to work A month after I started to have pain In the same shoulder I had the surgery also in the left shoulder! In October I decided to get another doctor for a second opinion With a Dr in New York He told me I need another surgery arthroscopic subacromial descompression and acromioplaty .but I decided not to do another surgery since I had one 09/27/2018 and nothing change I keep having pain my shoulders are the same and more issues and both shoulders, like tendinitis , bursitis, arthritis, clavicle distal and tear in both shoulders!! I been in this situation for almost 3 years I’m in pain constantly and my life daily activities have changed a lot I don’t have the same functions in my arms !! On 01/08/2020I had a appointment with my Dr for The SLU and my doctor have me 100% disabled Can I settle my Claim !
Good evening. Your ability to resolve this claim will be based on a number of factors. First, did your doctor offer an opinion on permanency? If he is saying that you are 100% disabled, is that on a temporary basis? He may not believe that you are ready for permanency just yet. If your doctor does offer an opinion on permanency, the insurance carrier will likely want to have you examined by their consultant as well. From there, negotiations can take place if all of the parties are willing. If
Not depositions may be needed so that a judge can ultimately make a decision on your degree of permanency. Generally when their shoulders are involved, you will end up with a schedule loss of use. There are other ways to settle your claim as well, including a section 32, but remember all parties need to agree in order to settle the case. Wishing you the best of luck.
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