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re-injured shoulder
04-19-2010, 01:45 PM
Post: #1
re-injured shoulder
My right shoulder was injured on the job 2/5/10. After a search for the right doctor, I finally had surgery on 3/16/10. I had a 5cm. tear of the rotator cuff, and 2 tendons were partially detached from the bone. The surgery was done arthroscopically, and was deemed by the surgeon to be successful. Recovery was hard and painful, I had a great deal of trouble sleeping, and would sometimes use 2-2 1/2 X the prescribed amount of anbien to obtain sleep. It was especially difficult after the second week when I stopped taking the narcotic pain pills. I saw my family physician on the day of the 3rd week after surgery 4/6/10. I also called my surgeons nurse that morning, and had talked to the workmans comp rep. and told her how messed up I was and that I had a fear of falling. My family doctor, understood what a rough time I was having and did what she thought might help, and gave me 30 days samples of Lexapro, and anti-anxiety drug.
As bad luck and fate would have it, later that evening, while going up my basement stairs,my foot went out from under me and I fell. Just as my face was to hit the step , I reacted by putting out my right hand. I heard the ripping noise inside, I knew the worst had just happenned and I sat there distraught and crying for 20 minutes. I called the Dr. on call soon after, and left a voice mail for the workmans comp rep. whom I spoke with the next day. I was told to see the surgeon on Thursday 4/8/10. Upon my visit the dr. feared the worst too and ordered another MRI. His nurse called workmans comp and received approval. I had the MRI done later that evening. Results came back friday,and I found out it was torn again. I talked to the drs. nurse on Monday and they were able to sqeeze me in a spot 2 days later on 4/14/10 for surgery. I received a call from workmans comp the night before which I returned ,but was too late I subsequently called 3 times the next morning, (the day of surgery) when I was on my way to Omaha and was told that workmans comp had decided they were not going to pay for the second surgery. I asked why not and was told that the second injury wasd not caused by a "natural act" . I told him that unless I was given around the clock care and not required to , feed ,bathe, clean clothes or my house, that there was always a risk of getting hurt again. I also stated that If I had'nt been injured at work, and been recently repaired that the stumble on the steps would not have caused the damage I received. Nonetheless, this is the last I have heard from WC. I have left messages and they've not returned calls.
What is a carriers policy/responsibility concerning this? Should I get an attorney and fight it, anyones help will be appreciated, thanks, Steve
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04-19-2010, 02:39 PM
Post: #2
RE: re-injured shoulder
yes, you can appeal. You'll need supporting medical evidence as to how the fall was related to the prior treatment.
whether the fall is determined to be a compensible consequence of the approved treatment will depend on persuasiveness of the medical evidence.
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10-18-2010, 02:02 PM (This post was last modified: 10-18-2010 02:07 PM by kate.)
Post: #3
RE: re-injured shoulder
This could be pretty tough to fight alone. Find yourself one of the highly credible and successful Omaha lawyers that specializes in workers comp cases. This should definitely improve your situation.
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