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  1. #1
    Join Date
    Oct 2008
    Posts
    2

    Default Settlement for Torn Labrum, Partial Tear of Rotator Cuff and Bicep Tendon

    Does anyone know if this WC settlement sounds fair? 25% of arm.
    My injury was torn labrum, partial tear of rotator cuff and bicep tendon.
    All repaired with surgery. I was off work and in PT for almost 5 months, I am not expected to reach MMI for another 4 months yet. Yet I am back to work doing my construction job. I still have daily shoulder pain, which is one of the reasons I had surgery in the first place. Any ideas?

  2. #2
    Join Date
    Feb 2008
    Posts
    53

    Default Re: Settlement for Torn Labrum, Partial Tear of Rotator Cuff and Bicep Tendon

    Von, you are not at maximum medical improvement yet and settlement is premature in my opinion. You might seriously like to consider seeing how your shoulder does doing full duty work over the winter months before considering settlement.

    Further, I would have many questions about your medical, educational and work history before making a recommendation for settlement. Frequently, although not always, it is advisable to go to trial to keep medical rights open.

    As I have stated before, and I am well aware that this sounds self-serving coming from an attorney, insurance carriers LOVE LOVE LOVE when an injured worker is not represented by an attorney. Why do you think that is?

    If you do not want to speak to one of the attorneys who post in this forum, consider calling your local bar association for a referral.

    AFLIinjurylaw@aol.com
    hockeylaw@AOL.com

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Settlement for Torn Labrum, Partial Tear of Rotator Cuff and Bicep Tendon

    Listen to AFL here...

    But, you should be wondering HOW the doctor can give you a rating to PD/WPI when you have not been determined to have reached a Max Medical Improvement... which is what MMI means...If you aren't ''well'' yet, how can a doctor tell how ''un well'' you are expected to be...?

  4. #4
    Join Date
    Oct 2008
    Posts
    2

    Default Re: Settlement for Torn Labrum, Partial Tear of Rotator Cuff and Bicep Tendon

    AF, if Illinois does not follow permanent impairment rating from my physician, where did the insurance company come up with the 25%?
    Did they pull it from a hat. I have consulted with 2 attorney's and received 2 opposite opinions.
    This is my dominant arm, I work construction, I am still in pain and need to work 10 to 15 more years. I also had an FCE that stated I physically wasn't ready to do my job without some restrictions. But I am working everyday as hard as I can without any. I think I will wait until after winter and see how I fair.

  5. #5
    Join Date
    Feb 2008
    Posts
    53

    Default Re: Settlement for Torn Labrum, Partial Tear of Rotator Cuff and Bicep Tendon

    Von, I cannot comment on the two different opinions you received since I don't know what information those attorneys reviewed.

    Permanent disability is negotiated between attorneys or attorneys and adjusters based on experience and case law precedent. In general, that negotiated percentage is typically much higher than what a physician would give you as a permanent partial disability rating in an American Medical Association guidelines state, such as in Indiana.

    With regard to credibility issues, I should add that witness likability can also play a role in a trial award.

    I think you are wise to wait at this time. I do not recommend waiting until something goes wrong to ask an Attorney to fix. It is easier for the attorneys that you consulted to help you avoid a problem rather than to fix it after the fact.

    If you want to give me more information, please send me a private e-mail.

    AFLIinjurylaw@aol.com
    hockeylaw@aol.com

  6. #6
    Join Date
    Oct 1971
    Posts
    3,591

    Default Re: Settlement for Torn Labrum, Partial Tear of Rotator Cuff and Bicep Tendon

    Please refrain from soliciting info or clients in this forum.
    Read your pms...
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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