I will do my best to put this in a nut shell. I am a police officer and injured my rt shoulder in 1998. Over the course of the next 2 years I had 4 surgeries on the shoulder and ended up with what they call a "shoulder reconstruction. Workman's comp was never an issue and they accepted the claim without any static.

My shoulder has never been the same and I have always had pain with it. It had been a struggle. Over the last four years it has steadly gotten worse and the mobility is less while the pain is increasing...pretty much on a daily basis.

Finally checked in with the same surgeon after getting okay from workman's comp to reopen claim as a re-aggravation and after an x-ray he discovered severe arthritis. He told me the shoulder is degenerating and the damage is potentially career altering. I am sheduled for an MRI this Monday.

Here's the meat of my question....If he determines I can't work as a cop anymore then what? Do they declare me disabled? It should also be noted that I don't work at the same agency as I did when I was initially injured, so the w/c carriers are not the same. How would I be compensated? Would I get a disability check? Am I forced to seek employment that won't effect my shoulder? I have many questions about the process and my husband and I are not necessarily in a position to not have to worry about it financially. Not to mention the fact that a career that has been worked hard for may come to a close..

Thanks in advance for reading this far and I look forward to responses..

Kittnz

If you are a police officer in Oregon are you also a member of the Public Employees Retirement System? If so, and this is an on-the-job injury you may also want to check into that. I know that OPERS has a disability retirement program that covers it members.

Yes, I have been a member of PERS for quite some time. I don't know that they will be all that helpful in their current state of affairs. I will check into any disabilitity issues there tho~ THx, hadn't thought of that.

Anyone else have any idea's about the rest of the system and my original post? My head is spinning...

Unless you reinjured yourself at the new job the claim would remain with the original carrier. If you can not continue working, as a result of the original injury, then you may be a candidate for voc rehab. That would help with job retraining nad placement assistance.

As you are a public employee, you are also undoubtedly covered by a retirement plan that covers on the job disability.

You would probably be better off in the long run seriously looking into PERS.
The state I retired from, on occupational disability, is very similar to Oregons plan. We are just a few thousand miles north. In our plan if you go out on an occupational disability you also get health/medical insurance for yourself and your family at no cost.

The rules are a little different than workers comp and it took longer to actually get the retirement, 2 years, but it was retroactive. I also collected workers comp benefits during that time. In our State WC and PERS are totally seperate and one has noting to do with the other.

I did have to hire an attorney to help me with it but it was well worth the cost. His fee was limited to 20% of my retroactive payments and nothing else.

Good luck.

Retirement and WC are mutually exclusive in every state. It is well worth hiring a lawyer though as they do impact one another.

I would have to disagree. My attorney had to take my retirement claim all the way to our States supreme court. They made a specific finding these two are seperate. The defendants in our case, the State, tried to argue that since WC found that I was eligible for voc rehab, then obviously I wasn't entitled to a PERS disability retirement. Our states Supreme Court ruled that these were seperate systems. Specifically they found that the burden of proof for establishing a workers comp claim was less restrictive than what was required under PERS.

I could have collected a PTD benefit from workers comp. and a disability retirement from PERS. We choose a C & R with the WC as I in particular was more interested in a lump sum rather than them constantly calling me in for more EME's which they could do every 6 months.

Agreed evey State is different. Agreed an attorney is a major assest in these types of deal.

Stiffneck, did you follow through with the Voc Rehab after your retirement was approved? The good thing about pers is if you are unable to perform "your" duties with a pers contracted agency and you have a industrial injury most likely you can retire with disability. Taking 2 yrs is tooo long..

No, we C&R'd all the work comp benefits. I didn't want the disability to begin with. I just got made into a political scape goat the first time an opportunity arose. That's why it took 2 years. I have heard from others since then that the time span is usually less than 6 months.

Is your injury stable? You won't need futher medical care?
I'm looking into the Pers retirement myself, I am a state safety employee and been off work 9 months with 3rd injury, having 4th surgery in Sept. I don't think I will be able to continue my "duties" when I recover, without getting injured again. I have 20 yrs working for a public agency and enough is enough.

Yes, my injury was stable. Since it was an occupational injury retirement, PERS health insurance couldn't deny my coverage. There just wasn't any sense in keeping the WC involved. Those guys could mess up a rock fight in a gravel pit. I wish I still had the job though. It was fun and it payed a lot more.

I've read all of the reply's and thank you all so much for the great suggestions.

I am still left with so many questions though. I am really going into this blind and know I will have to wail until the MRI on Monday and then will find out the results on the following Monday. Even without the MRI the DR. is hinting that the arthritis is severe enough at this point that it will most likely mean I can't work anymore as a cop.

If this is the case, Do they automatically declare me disabled? Will workman's comp give me a monthly paycheck and if so will it be at the rate I was making at the time of my injury or at the time of the re-aggravation? Does disability also give me a chunk? Then there is the disability insurance as well. I had it with the employer I was working for when I was injured, and of course have it now with my current employer, but who would pay that out?

I'm sorry if it seems if I'm asking the same questions, but I'm just looking for the nuts and bolts of it.

I know you in Oregon you don't have to hire a workman's comp atty (they only charge you when they have to appeal) but the last one I had was worthless and got me a lame settlement for the permament partial disability I already have for the shoulder. Would it be to my advantage to actually hire one instead?

I have had 4 surgeries on this shoulder and after the 2nd surgery they told me I'd never work again. I refused to accept that and took my shoulder to another doctor who performed two more surgeries which has managed to get me 4 more years of work. It has taken it's toll and I am no longer willing to risk the use of my limb for a career. It would be disappointing to be told I can't be a cop anymore, but I am not against having to go on disability or what not either at this point. As another poster said...enough is enough...

:confused:

At this point I would seriously hire an attorney that is experienced with the PERS retirement system. As for your disability insurance all I can say is good luck collecting on that. I had a similar plan through my state's employer. That told me that unless I was 90% DEAD they wouldn't pay a dime. They figure as long as you are breathing you can do some kind of work. I don't know about Oregon workers comp attorneys but it sounds like you may actually need to hire one for this. You are dealing with some fairly complex issues with the previous work injuries and what not. Good luck......

Kittnz, call Pers and ask them to send you the Disability retirement packet/info. I was the one who said enough is enough, our stories are very similar, I only lasted 9 months after returning to work, now hurt again, Pers in California is great and hopefully is the same in Oregon, call and speak to someone about your situation, ask them "if your workers comp claim has anything to do with a Pers disability retirement, do they off set any of your final settlement????" In California they do not, they only use your medical reports to justify the disablity, or if it meets the requirements to retire with industrial disability. If you do retire with Pers you should recieve a monthly amount for the rest of your life, or until you recover... which from what you say thats not going to happen. Hope this helps!!

Update::

The MRI came back "inconclusive", most likely due to previous hardware already in the shoulder. As long as Workmans's comp okay's it I am scheduled for exploratory surgery next thurdsay.

I have been acting as a detective for the last 1.5 years. They just told me on Thursday that due to 'schudeling issues" I will be reassinged to patrol duties to being in Sept. This severly changes my function and disablility. Now I am left with even more question.

The Dr. is trying to act quick, but I don't know that workman's comp will keep up.

Even more questions and lots of stress now....

Kittns

How does being on patrol affect your disability?

Well, being a detective is really pretty light duty work. Interviews, followup, investigations, lots of paperwork. Being on "patrol" means you have a greater chance of being in a physical confrontation. It's a more physically demanding job. I have worked for PD's in the past where you were assigned detective work or desk duties while recovering from on the job injuries. That keeps you
on-the-job instead of at home on injury leave or workers comp.

It still doesn't explain what effect this particular assignment has on this particular injury. I can imagine it would vary by the patrol area assigned. Graveyard shift in a housing project or bar district would be quite different than writing parking tickets and manning speed traps.

It also isn't clear why the transfer is taking place. If it is business related, then it is perfectly legal. If itis being done in order to retaliate for having filed a claim, it is not.

KIT I am also a police officer and have been assigned to patrol for 17 years. I had a fight with a juv. mother during an arrest and ended up with Cervical spine surgery in 2003. Then I got rear ended in 2004 on routine patrol and ended up with severe spinal stenosis and had ACDF in February. I have been off work since November. I have been reassinged to a permanent light duty position. That is how my department works. I do not feel that I cannot return to work in a light duty capacity but am still have pain issues that need resolving. From what I understand to get permanent disability you have to be unable to do any work. You can surely do a light duty job. I for one could not afford to have a medical retirement as I would be paid a 20yr retirement which isn't so great. I would have to find supplimental work so I may as well return to work pain or no pain.

What are the injury rules of your department? If you cannot be full duty do you have a light duty option?

Wish I knew the answers about workman's comp pay or disability pay long term but do not.

Best of luck.

Aside fro mthe fact that you don't "get stenosis" from an accident, you do not need to be unable to work to get permanent partial disabilty from WC. In fact, just the opposite. If you were rendered totally unable to work as a result, you would get permanent total disability. PPD compensates you for the degree of injury as a result of the accident. It does not have anything to do with retirement or light duty that your emplolyer may offer. WC is a separate process though certainly these other factors play a part.

Thanks for all the replies. I had the 5th surgery last week and the Dr. found a torn bicep tendon and confirmed the arthritis. He expects me to be in a sling for a month. He theorizes the tear was a result of compensation due to the rest of the weak areas in the other parts of the shoulder.

I have contacted an attorney. He told me WC does not pay you a monthly check if you are not able to return to your duties. They pay you a lump sum for the TPD. We have a meeting for next week. I also have a PERS packet oredered up. Thanks to those that suggested it.

As far as the "light duty" goes, I unfortunately do not work for a large enough agency where a position could be created for me. The dept also does not have any obligation to accomodate me being as the injury was sustained at a different agency and differnt wc carrier. There is severe staff shortage issues and I was reassigned back to patrol just prior to my surgery. While the duties of a detective are different; the job classification at our agency reads the same and carries the same responsibilites. It's not just paperwork either. We are the ones kicking in the doors... Patrol work is all the same no matter the shift or district. The potential is always there, not to mention the strain the gear puts on your body on a daily basis.

Anyway, I am already looking for other employment. I don't think I could just stay at home, nor do I need or want to. I am capable of many things, probably just not an officer anymore. I hope to find something in the meantime to assist us financially.

Can someone tell me a little more about Short and Long term disability insurance? If I have that through my current agency, but was hurt at a differnt agency would I still be eligible for it?

Thanks again, sorry for the typos. One handed typing goes a little slow and not so accurate..

KITTNZ

No one can tell you if you qualify for STD or LTD as it depends on how the policy is written and whether your doctor and the insurance company agree that you meet the eligibility requirements. It would be unusual for it not to cover you if you were hurt somewhere other than your current employer, but not knowing the details of the policy or program, I can not say that for sure.