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Georgia Shoulder, what to expect

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  • Georgia Shoulder, what to expect

    I was injured in a attic accident in July of '06. After 4 months of practically useless therapy I finally got with an Orthopedic Surgeon and had surgery. The surgery was a "Bankhardt Shoulder Repair With Capsule release". It was done in November. I was in therapy all the way up until the end of July this year. I at this point was still having trouble with any overhead lifting with not just support but pain with it too. I also can't just hold my arm above my head for any length of time. After going for an FCE/PPD, I did my follow-up with my surgeon and the jerk that did it recommended restricting me to any overhead lifting or work and found me 8% PPD plus 5% whole body for a total of 13%. But, at the same time, worded in his findings that he felt like the way he wrote it that I wasn't trying 100% in the tests. I was outraged because all thru this whole thing, I have been very compliant with appts, therapy, ect...basically done everything I was told. I also felt that my intelligence was insulted, especially being I told him when he asked me what my weaknesses were and his findings despite what he accused me of mirrored what I told him. I had tried to stay away from getting a lawyer involved until I felt I was getting jerked around or screwed. Well, now was the time. I've hired one the first of September but we have just gotten rolling. He though, understandably don't want to elaborate on what he thinks he may get done but does feel that I was screwed with the FCE/PPD person, he knows of him and says he's a joke, and wants to try to get that % higher and he also lead me to believe that he felt my same feelings that its going to be very difficult for me with the extended overhead work and lifting I have to do with my job as well as crawl crawlspaces and attics, climbing and lifting ladders as well as other things to return to my old job. Just last week, my Dr. I guess confirmed this by making my restrictions permanent. I've gotten a court hearing date for my case since I've hired him and before the before mentioned Dr's appointment and was told that I would probably have to do a deposition. But when I talked to him last week after that appt., he has kinda changed some saying that it will probably never go to the hearing and I won't now have to do a deposition more than likely and had talked about getting to work on getting mediation done with them. Made me feel like the levels have changed.
    So, here it is, I was wondering if anyone can tell what can or will or possibly will come of this? What things can he get accomplished, what things will he get accomplished? My job will very likely because of the type of work it is not be able to return me in a limited capacity especially permanently. What benefits, settlements, work options, the whole nine yards will he go for and even consider? Please help. I just want to get an idea on what at least he may be able to get. I'm understanding from what I've researched and read so far that I'm probably going to be entitled to a PPD settlement, I'm in no way especially being it was a laborous job not going to be able to replace my $18 an hr. job. At minimum without going to school for a couple of years anyway and then won't start out that type of pay at first. The type of work (laborous) is pretty much all I've ever done. I'd probably be lucky to get a $9 an hr job (without school) so I've heard of lost wage settlement too. Plus I've heard of the compromise and release thing too but not fully understanding what I can potentially receive in that. The only thing I'm sure of is that a compromise and release has been given to a former employee alittle while back of my company for a neck injury. This info was told to me second hand but he had to have surgery on his neck but except for not being able to tilt his head all the way back, he recovered but was settled with. He had a 15% PPD and could have probably gone back to our job I was told (something I could not do right now and probably never) but he ended up receiving instead a pretty large settlement over $200,000 settlement and I believe it was by way of a compromise and release. He works now as a computer tech in a school system. I found out my attorney doesn't take but 1 in 3 WC cases so I'm thinking that he thinks mine might be rewarding for him. Am I wrong? I'm drowning in this BS TTD I'm getting and just want what I'm entitled too and what is fair.Tell me what you all think. My attorney talks to me but won't elaborate as I said on anything which is understandable and I'm happy with him but alittle impatient as toward his reserveness to discuss his plans of how he's going to handle the case. He's seems to be too cautious with clients. The IC is Liberty Mutual. Thank you everyone for listening.
    Last edited by shoulder67; 10-17-2007, 10:03 PM.

  • #2
    Please use paragraphs. It is very hard to read a big block of text.

    No one here can predict the future. We don't know what your attorney will suggest nor what the IC will agree to. We aren't them. You need to ask your attorney for this information.

    I think you misunderstood something about your corworkers settlement. A 200K settlement is extremely rare in WC and I can virtually guarantee you if there was only a 15% rating to the neck, it wasn't even close to that. 20K maybe.

    If your rating is 13% (though I think you misunderstood something there are well as the 8% PPD to the shoulder is the same as 5% to the whole body, not in addition to) I would not expect a huge settlement. You will want to talk to your attorney about whether a compromise and release is even your best option. It may not be. For a typical shoulder surgery with resulting loss of range of motion, 5-13% is not atypical. In fact, it is pretty standard.

    I have no idea how the FCE was worded but there are built in "tests" in an FCE to gauge how consistent and reliable the effort really was. It is extremely hard to fake certain behaviors. It also is not uncommon for some indicators to be present even when a person is truly trying their hardest. The rule of thumb is anything over 70% is indicative of submaximal effort. The rest is assumed to be attributable to pain, weakness, normal fatigue, etc. My point is that some degree of positive result on these indicators is normal but it needs to be reported nonetheless. If a great deal of them were positive, then it does tend to indicate that your effort was submaximal, whether intentional or not.

    Though vocational rehabilitation can be an option if you are unable to return to your former type of employment, I have to be honest, typically it is reserved for those cases that are much higher than 13%. It doesn't mean it can't happen, just that it is not typical. Again, talk to your lawyer about whether this is an option in your case.

    Yes, part of a PPD award or C & R is what is called "industrial loss of use", which includes a loss of wage earning capacity as a result of the injury. It isn't a strict dollar for dollar payment but it does figure into the total. You might also qualify for Temporary Partial Disability (TPD) if you do find another job which pays significantly less. If you haven't even brought up the subject with your current employer and do not know yet if they will be able to accommodate you or whether or not you will suffer a wage loss as a result, it is a bit premature to go there.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Appreciate the info. I can't speculate in perfection how it came about but I DO know the amount is accurate. He afterwards purchased a house outright and did some other futuristic investments and planning to where he can easily make it on about half his former salary comfortably.
      My job is like this: my office is 2 hrs away from me. Once a week, I would travel to get equipment to do my job there. Other than that, I never saw my office. Frequent phone calls was my only contact pretty much and faxes every evening of assigned jobs. I'm part of a somewhat large group of people that live 2 hrs from my home office but in a area controlled by the company under the contract of who services we are to provide. Heck, when I started 3 years ago, there was no home office in my home state, it was in the next state over and equipment was trucked to us until they did start a office in the state. If I can't do what was described above, there is no job. There is no office for me to do light duty in, there is no other job titles I can be transfered to. This job is about as close as being to self employed practically as it gets without being self employed. No direct supervision at all. I left my driveway in the morning in a company van, did my faxed work, during the day made cell phone contact with the office as needed and then came home without seeing anyone except for the customers I dealt with. Even other employees on alot of days except the ones I'm friends with.
      So I guess it's a waiting game on TTD until it gets settled. No real ability to plan for the future whatever of one there is being how bleak this whole thing has looked so far is that it? $20,000 wouldn't even begin to cover what I'VE lost in the last year and 3 months and will in the future. Before we went into vans, went hourly pay (which mine was the b4 mentioned $18 an hr) and did it from personal vehicles, we got paid by the job instead of hourly and it was not unusual for me to BRING HOME 1000-1200 a week. Don't take my raving wrong. I'm not chewing at anyone here but from what I've been told here and by others, I'm beginning to smell a rat and he's smells dead pretty bad. Thanks.
      Last edited by shoulder67; 10-18-2007, 08:34 AM.

      Comment


      • #4
        Unfortunately, WC is not intended to make you whole. Your friend's claim is extremely unusual. Even a 50K settlement or award in WC is unusual. There must be a lot more to the story.

        If you are in the higher wage brackets, then proportionately, you are going to get less. WC really doesn't favor those who are in the upper wage range. It's not "fair" but it is how the system works.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          Well, I guess ElleMD we've established that I'm gonna possibly get screwed (putting it very mildly ). One more question, I've had SSDI spoken to me recently, any info on that? I know it's difficult to get even if you qualify but I've been told I might at least during the duration of reschooling.
          Last edited by shoulder67; 10-19-2007, 07:38 AM.

          Comment


          • #6
            You can read more about SSDI here http://www.ssa.gov/disability/.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              Just wanted to give an update and ask another question. My attorney called me yesterday and told me he hopes to get my case in mediation by the end of the month. I'm afraid to say on here what he told me as far as the number he's going into mediation with but it's significantly higher than your 50K you mentioned EllenMD. The opposing attorney is one he knows and has a good professional relationship with and she also has another case that my attorney has that they will be mediating on which he said my happen the same mediation meeting. Even the worst possible agreement scenario he quoted is alot higher than 50K than you mentioned.
              I've also checked into Technical colleges and talked to council there and we worked out a list of 1.5 to 2 year courses within my limits.
              Now, my question is, can I apply for unemployment and have a good chance of getting it after the case is settled and will they accept school as the alternative instead of actively seeking employment? The settlement if its what he believes he can get which is inbetween what he's asking and what he's positive he can get will hold me for awhile but not for an entire 2 years when I've got alot that I have to deal with and take care of from the last year and a half.
              Last edited by shoulder67; 11-02-2007, 07:16 AM.

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              • #8
                I don't have the numbers or all the facts so talk to your attorney who does by all means. If he feels he can get it to settle for a sum you are happy with, listen to him.

                You may qualify for UC if you are in an approved training program. You can find out more here. Better yet, talk it over with your lawyer. http://www.dol.state.ga.us/js/unempl...ndividuals.htm
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment


                • #9
                  Oh, I'm happy with his work and what he's saying, was just letting you know. Thanks for the unemployment info. I'll check it out. Thanks again ElleMD
                  Last edited by shoulder67; 11-02-2007, 08:28 AM.

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                  • #10
                    Heard from attorney today and a date for settlement mediation has been set. Its in 2 weeks, the week after Thanksgiving. He believes based on the opposing attorney, mediators ect.... that it will have a good out come for us and they will be mediating both cases they have (my attorney and the opposing one like I mentioned before). I have to go but he told me that I won't be questioned or nothing like that. Said I won't have to do a thing. I'm kinda curious why I have to be there then but no matter other than I'm still kinda nervous about it. I have nothing to hide just don't like and not used to being in those kind of surroundings. I get easily intimidated even though there is no reason to.
                    Last edited by shoulder67; 11-15-2007, 01:45 PM.

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                    • #11
                      You have to be there to give your consent to the agreement. LKind of like why you have to show up in court even if you don't have to testify against yourself. It is just part of the procedure since it is your settlement.
                      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                      Comment


                      • #12
                        Makes sense. Thanks ElleMD.

                        Comment


                        • #13
                          Settled!! My case settled in mediation yesterday. Not what we wanted but a great deal above the Georgia $24,000 settlement avg. Things were getting into a really bad way money wise here so I'm so thrilled this settled even though it was for less than me and my attorney were hoping for because it will allow me to easily put myself in a bill and living situation that we can be comfortable while I'm in school learning another trade. Thanks for your help ElleMD.

                          Comment


                          • #14
                            Glad things worked out for you.
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                            Comment

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