I require the following surgeries- Neck, Back, Knees, brain (both) and hands. I have treated ongoing even after settling for financial reasons. I have not returned to work since the injuries as well. I suffer from Fibromyalgia, disc degenerative disease, herniated discs, pituitary tumor in my brain due to the neck injury, TMJ, bulging discs, osteonecrosis of both knees and the list goes on. The attorney which represented me, Paralegal mentioned Section 32. I recall during our hearing he mentioned if my injuries are w and doctors indicate my case should be reopened the Insurance carrier will have to request a hearing and review my medical records, etc etc. At this point. my medical insurance doesn't cover medical equipment needed, some medications, tests, and specialists at the University in New York city. At this point, I need serious medical assistance and equipment which my insurance -Medicare/Disability refuses to cover.
Go back to your worker compensation attorney to discuss reopening your claim to the extent of getting the additional medical treatment paid for. It will have to be proven that all present conditions arise out of the original injuries.
Agree, a workers comp attorney in your area can review the settlement language and help this go a lot smoother for you. Don't rely on the insurance company to do the research. If the current situation stems from the original incident, you absolutely have a right to compensation. Moving to workers comp as this is not a medical malpractice issue.
Not all settlements extinguish the medical portion of your claim. You need to speak with the attorney that handled the claim. If the settlement was a full and final settlement it is likely that the carrier will not cover your treatments. The fact that your condition has worsened is not material.
Dear Madam or Sir:
If your Sec. 32 Settlement was designated as FULL & FINAL, then it remains closed, regardless of your change in condition.
If designated INDEMNITY ONLY, then the Carrier is still obligated to pay for necessary care causally related to the accidental injury, within the Medical Treatment Guidelines.
The foregoing is based on the little information provided; additional facts may change the comments given.
You should speak directly with your attorney on this matter asap. If you did not close the medical portion of your claim you can pursue medical care.
Good advise from all but this is a legally complicated matter. If their is a way to get you what you want and need I am sure it will start with a trip to your attorney and THEN a detailed statement from your doctor with will address the relevant legal/medical issues the attorney identifies. .
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