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Have a metacarpophalangeal capusiltis joint issue and Workers Comp trigger thumb injury requiring surgery.

Lancaster, CA |

If I am not comfortable with having surgery, can I request a partial disability rating instead?

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Attorney answers 3


Yes. I would certainly want any Award resulting from that rating to include a provision for future medical care.


It is always the injured parties decision if they want surgery

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. 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.


Yes. Make sure that you leave your future medical care open if you are pursuing a settlement. To do so, you would enter into a Stipulations with Request for Award, as opposed to a Compromise and Release. Best of luck to you.

All that said, perhaps you should ask around about the procedure. It's not that complicated and usually produces good results with a short recovery time, provided that the patient is complies with post-operative instructions with therapy and other treatment modalities.