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Maryland Workers Comp Settlement for Spinal Cord Stimulator and CRPS

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Maryland Workers Comp: Spinal Cord Stimulator and CRPS Settlements

In Maryland, a workers compensation settlement involving a spinal cord stimulator (SCS) and Complex Regional Pain Syndrome (CRPS) turns on the interplay between the Maryland Workers' Compensation Act, the state's medical fee schedule, and the nature of the injury. CRPS often follows a workplace nerve injury or surgical complication, and an SCS implant is one of the more expensive interventions a claimant may pursue. Settlements must weigh lifetime medical management against the lump-sum or structured payment the carrier will accept.

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Maryland uses a scheduled loss-of-use framework for injuries to specific body parts, but CRPS and SCS cases frequently involve multiple body regions and ongoing treatment that exceed simple schedule awards. The Maryland Workers' Compensation Commission applies the Medical Fee Schedule for approved procedures, yet an SCS implantation — including the surgical trial and permanent device — can generate charges well above standard thresholds. The Commission evaluates impairment ratings, the need for future revision or removal, and whether the stimulator provides genuine pain relief when determining value.

Key Factors That Shape Settlement Value

  • Impairment rating: The AMA Guides assessment of functional loss, often compounded by CRPS-related muscle atrophy and sensory deficits.
  • Future medical necessity: Whether the SCS requires battery replacement, lead revision, or removal, and how the Commission treats those projected costs.
  • Vocational impact: If the claimant's earning capacity is reduced — especially in physically demanding Maryland industries — the settlement may include a wage-loss component.
  • Liability and causation: Maryland requires that the workplace injury be a substantial contributing factor to the condition; pre-existing degenerative findings can complicate this.

The Role of CRPS in the Settlement Equation

CRPS is a neurological condition that can amplify pain far beyond the original injury site. When a Maryland claimant undergoes an SCS trial that fails to provide adequate relief, or when the permanent implant requires explantation, the case dynamics shift. The Commission may weigh the effectiveness of the SCS — measured by pain reduction and functional improvement — when approving future medical or determining a fair compromise settlement. CRPS also raises the stakes for vocational rehabilitation, since chronic pain can limit a worker's ability to return to their prior occupation.

Settlement Structures in Maryland

Maryland allows both lump-sum and structured settlements for workers comp claims. For SCS and CRPS cases, structured payments are common because they preserve the right to future medical expenses under the Act, provided the agreement specifies that the carrier remains responsible for reasonable and necessary treatment. A lump-sum settlement bars future claims, so claimants must be certain the SCS will not require additional surgery before accepting such an offer.

Practical Steps for Claimants

Document every procedure, pain management outcome, and limitation related to the SCS and CRPS. Obtain independent medical opinions when the carrier's doctor minimizes the permanency of the condition. Maryland law allows claimants to petition the Commission for approval of settlements, which protects the worker if the agreement does not adequately address future needs.

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