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Fractured Shoulder & return to work???
05-29-2008, 02:42 AM
Post: #1
Shy Fractured Shoulder & return to work???
Hi All,

I'm from California. I dislocated my shoulder and fractured my glenoid Scapula at work 3 weeks ago. I finally got into an Ortho yesterday for a brusk MD exam. My right arm is to remain immobile (in a sling) for 3 more weeks to allow the bone to heal, then I'm to start physical therapy. Along with the fracture I stretched/tore the capsule, so it's fairly painful.

The doctor completed the Work Status Report stating I could return to work with Restrictions--basically I can't use my right arm (plus I'm right handed). My job includes counseling clients, driving, keyboarding, and lots of running around. I attempted to reason with him since he has no idea what I actually do, but I couldn't get a word in. He said my employer would decide if they have "Light Duty" for me. Is this how things are done with W.C.?

I feel frustrated because I'm not ready to return to work. It's only been 3 weeks since the injury. I'm still in a great deal of pain and I can barely drive, let alone actually work a full day. I work for a large Governmental Agency, so there's no such thing as "light duty."

Is it really up to my Employer to decide my Medical fate? Does the employer review the work restrictions with a medical advisor and myself or is it simply decided by a supervisor? I don't plan on working this week and hope it doesn't mess up my claim or cause problems since I'm technically Released to work with restrictions. I just mailed the Form into my employer and figured I'd wait to hear back from them.

Any help would be greatly appreciated.

Thank you so much.
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05-29-2008, 07:04 AM
Post: #2
RE: Fractured Shoulder & return to work???
unfortunatly I am in the same boat as you when I first got injured. I hurt my dominant hand and was told I needed to go back to work light duty. I was in tremendous pain still and going to therapy also. The WC IC's job is to get you back to work ASAP if your in pain or not. If they do find a job for you within the company you HAVE to accept it. If not you could lose all your WC due to not following through with their instructions. Did they do a FCE on you? To see how much you can lift etc?

I know myself that it is almost impossible to work without your dominant hand. But if they can find something you will have to give it your best. Personally there is nothing you can do, but they will try anything. My work made me file with one hand for 2 months that I got so bad protecting my hand that I got frozen shoulder. It made me worse. I was finally pulled out of work by my treating doctor for " Overuse syndrome". I had 7 months of PT/OT 4 x's a week.

It is a year 1/2 now, and still nothing has improved. Nothing has been done to help me except meds. I am currently working within my restrictions at a new career. I live in pain everyday, but try desperatly to heal. They will asign you a case manager to go to your appointments to get you back to work. These people are NOT your friend, so do not tell them more than you have to. Their job is to get you back to work, pain or no pain.

You may need your treating doctor to take you out of work to rest your arm. That is the only way you will be able to stay home and at least try to heal before they make you worse. It is a awful system that only cares to get you back to work so they do not have to pay you to be home recouperating.

carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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05-29-2008, 07:48 AM (This post was last modified: 05-29-2008 08:00 AM by piedmontmountain.)
Post: #3
RE: Fractured Shoulder & return to work???
Hi there Teenie & Welcome to the forum,

I'm so sorry that you are being rushed back to work, when you are obviously in pain from your still healing injuries. But this is what happens most times with a work injury, unfortunately. I too, hurt my shoulder on my dominant arm...and know the difficulties that this causes. I was sent back to work with a subluxing shoulder with NO restrictions, only making my original problem far worse.

Obviously, your treating MD must be IC or work chosen, being that he wouldn't listen to your concerns about returning. In my mind, one shouldn't even be driving one armed, as i feel it's very dangerous...but they normally don't consider this a problem, and it isn't against the law in my state. You certainly must be on some pretty strong pain killers... (I Hope). All you can do is try to work if/when you are sent back. Hopefully your work will not have light duty for you, but since it's probably considered a desk job, this is why you're being released to light duty. If you do go back to work...try your best, you must...but if it gets too bad, tell boss you need to see the MD, now!

What are your written work restrictions?
WHATEVER you do...stay absolutely within those restrictions, as if you do tasks outside them, even if you are given tasks outside the restrictions by your superior...it could come back to bite you, as employer can say that you didn't follow them & get you for non-compliance...then it's bye-bye WC benefits. Carry a copy of the restrictions in your pocket...so you can whip em out and show proof if needed at work.
Good luck to you teenie, I pray your work has mercy on you! LillySmile

Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
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05-29-2008, 12:07 PM (This post was last modified: 05-30-2008 12:20 PM by tdilly.)
Post: #4
RE: Fractured Shoulder & return to work???
Your empolyer, has the right to allow you to work with restrictions. It is called the return to work. If you decline to work, then your putting your injury and claim at a high risk, and problems you don't want. Meaning a dragged out claim and medical treatment.

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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05-30-2008, 01:04 AM
Post: #5
RE: Fractured Shoulder & return to work???
Thank you everyone for your warm welcome and recommendations. By the way what does IC mean? Where can I locate the WC word decoder since this is a whole new language to me? LOL!

I have not had any tests to determine my lifting, etc.. since it's too soon to tell--the bone has not mended yet. The doctor doesn't want me to move my arm, yet he's leaving it up to my employer to determine Light Duty work. Such a paradox! He is the only WC doctor in the area.

Most of my job is spent out in the community, so I could be chained to Desk duty to conform with MD's restrictions. Will the employer contact me once they review the Work restrictions and let me know if I should return to work? (I figured they would call me if I'm supposed to do anything--in the meantime I'm resting up!)

I will be seeing a WC attorney in the morning to discuss my case. His fee is 15% of any award received. Is that usual for California?

Thx!
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05-30-2008, 03:47 AM
Post: #6
RE: Fractured Shoulder & return to work???
IC - Insurance Company
CA - Claims Adjuster
DA - Defense Attorney
AA - Applicant Attorney
PCP - Primary Care Physician

Attorney fees in California are set by law and generally range between 9% & 15% (max). These will be determined at the end and must be approved by the judge.

You may want to talk to more than one attorney and to get an idea of what is going on. Since the reforms the attorneys are having to take on so many cases they can be difficult to communicate with as the case progresses. Find one you are comforatable with.

I would suggest that you get Christopher Ball's book:

How To Take Charge When You're Injured at Work

You will also want to go to the California website and study:

California Dept of Workers Compensation

Yes your doctor does determine what you are capable of and what restrictions you have. It sounds like he has done that and your employer will need to determine if they can accommodate you to work with those restrictions. You should contact them and make sure they have the doctor report and whether they have work available that is within those restrictions. If they cannot provide work then you will collect Total Temporary Disability (TTD). By the way Government Agencies often can and do have "light duty" work available.

I am slightly confused about your medical treatment. You say it took 3 weeks to get into an Ortho. Did you not receive any treatment when the injury first occurred? You should have received some form of initial treatment. If so how was that provided?
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05-30-2008, 10:38 AM (This post was last modified: 05-30-2008 10:39 AM by WCisBS.)
Post: #7
RE: Fractured Shoulder & return to work???
here's glossary of california work comp terms
http://www.dir.ca.gov/dwc/WCGlossary.htm
many use their own shorthand and there is no reference.
you should stay in contact with the employer in order to make a smooth transition back to employment,
keep track of your mileage for treatment and send it in rgularly; it's worth $.505 per mile.
make sure you also have a claim form on file.
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06-01-2008, 01:02 AM
Post: #8
RE: Fractured Shoulder & return to work???
Teenie Wrote:Hi All,

I'm from California. I dislocated my shoulder and fractured my glenoid Scapula at work 3 weeks ago. I finally got into an Ortho yesterday for a brusk MD exam. My right arm is to remain immobile (in a sling) for 3 more weeks to allow the bone to heal, then I'm to start physical therapy. Along with the fracture I stretched/tore the capsule, so it's fairly painful.

The doctor completed the Work Status Report stating I could return to work with Restrictions--basically I can't use my right arm (plus I'm right handed). My job includes counseling clients, driving, keyboarding, and lots of running around. I attempted to reason with him since he has no idea what I actually do, but I couldn't get a word in. He said my employer would decide if they have "Light Duty" for me. Is this how things are done with W.C.?

I feel frustrated because I'm not ready to return to work. It's only been 3 weeks since the injury. I'm still in a great deal of pain and I can barely drive, let alone actually work a full day. I work for a large Governmental Agency, so there's no such thing as "light duty."

Is it really up to my Employer to decide my Medical fate? Does the employer review the work restrictions with a medical advisor and myself or is it simply decided by a supervisor? I don't plan on working this week and hope it doesn't mess up my claim or cause problems since I'm technically Released to work with restrictions. I just mailed the Form into my employer and figured I'd wait to hear back from them.

Any help would be greatly appreciated.

Thank you so much.
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06-01-2008, 01:08 AM
Post: #9
RE: Fractured Shoulder & return to work???
Hi new to this myself but from i understand if you are released to return to work on light duty and you dont then you wont get paid ! Your doctor should be working for you and you should be telling him the restrictions that you feal you need, in order to heal! Is this your own doctor or the company doctor? Remember the company Doctor will always send you back right away were if it is your doctor he should be more understanding.Good luck and remember you are the one in pain you have to take the time you need to recover no matter what.
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06-01-2008, 01:10 AM
Post: #10
RE: Fractured Shoulder & return to work???
Teenie Wrote:Hi All,

I'm from California. I dislocated my shoulder and fractured my glenoid Scapula at work 3 weeks ago. I finally got into an Ortho yesterday for a brusk MD exam. My right arm is to remain immobile (in a sling) for 3 more weeks to allow the bone to heal, then I'm to start physical therapy. Along with the fracture I stretched/tore the capsule, so it's fairly painful.

The doctor completed the Work Status Report stating I could return to work with Restrictions--basically I can't use my right arm (plus I'm right handed). My job includes counseling clients, driving, keyboarding, and lots of running around. I attempted to reason with him since he has no idea what I actually do, but I couldn't get a word in. He said my employer would decide if they have "Light Duty" for me. Is this how things are done with W.C.?

I feel frustrated because I'm not ready to return to work. It's only been 3 weeks since the injury. I'm still in a great deal of pain and I can barely drive, let alone actually work a full day. I work for a large Governmental Agency, so there's no such thing as "light duty."

Is it really up to my Employer to decide my Medical fate? Does the employer review the work restrictions with a medical advisor and myself or is it simply decided by a supervisor? I don't plan on working this week and hope it doesn't mess up my claim or cause problems since I'm technically Released to work with restrictions. I just mailed the Form into my employer and figured I'd wait to hear back from them.

Any help would be greatly appreciated.

Thank you so much.
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