Oklahoma Worker's Compensation - Help For Injured Oklahoma Workers

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  1. #1
    Join Date
    Nov 2010
    Posts
    4

    Question I Tore My Rotator Cuff and Still Have an Impenged Shoulder What Happens After MMI

    My shoulder is still limited mobility and strength it has been over a year since the surgery and my dr said I have an impinged shoulder. I have been to 2 doctors now and both said I have reached MMI, so what happens next? I have been off work for almost 2 years and am worried about how I will pay my bills now that the TTD is going to stop before the settlement offer. I do know the Dr said he is going to say I need retraining but I have never had a workman's comp case and do not know what to expect. I do have a lawyer but all I can get out of his office is we wait what am I waiting for?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: I Tore My Rotator Cuff and Still Have an Impenged Shoulder What Happens After MMI

    you'll be given a rating and additional permanent partial disability benefits will be calculated and paid.
    more information about oklahoma's work comp system is here
    http://www.owcc.state.ok.us/

  3. #3
    Join Date
    Oct 2010
    Posts
    10

    Default Re: I Tore My Rotator Cuff and Still Have an Impenged Shoulder What Happens After MMI

    well since you have been rated mmi now it is time to decide if your going back to work or going to be on disability the rest of your life. Everything moves slow as I know so try to stay positive and wait some more.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: I Tore My Rotator Cuff and Still Have an Impenged Shoulder What Happens After MMI

    OK uses a scheduled loss indemnity award. http://www.owcc.state.ok.us/PPD%20PD...8-26-05%20.pdf
    The number of weeks indemnity benefits paid is based on body part, or whole person impairment. The rates are subject to those in effect on your DOI/Date Of Injury.

    For DOI up to Oct 31/2008, the max weekly rate is 70% of your average weekly wage, or $289.00/week. Certainly not enough to 'live on'.
    am worried about how I will pay my bills now that the TTD is going to stop before the settlement offer.
    There is no guarantee of a lump sum cash payment in WC. The indemnity benefits associated with your PPD rating will begin, if you are eligible for a VR program, that will be provided too. Don't know that weekly maintaince payments go along with VR.

    At MMI it is presumed you would return to work. Whether that is pre injury condition, or even with the same ER doesn't really matter. Unfortunately.
    I do have a lawyer but all I can get out of his office is we wait what am I waiting for?
    You're waiting to see what the rediculous offer they'll make, and/or your weekly indemnity payments to begin.
    It's difficult to decide whether to wait for the carrier to make the first offer, or tip your hand and do it first, letting them know what you'd accept. So... you wait.

  5. #5
    Join Date
    Nov 2010
    Posts
    4

    Default Re: I Tore My Rotator Cuff and Still Have an Impenged Shoulder What Happens After MMI

    Quote Quoting nofusion View Post
    well since you have been rated mmi now it is time to decide if your going back to work or going to be on disability the rest of your life. Everything moves slow as I know so try to stay positive and wait some more.
    I can not go back to work at my old job my boss fired me soon after I fell he kept saying I was not reliable after the fall. I missed to much work seeing drs. I do not want to live off disablilty the rest of my life I want to work.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: I Tore My Rotator Cuff and Still Have an Impenged Shoulder What Happens After MMI

    Unfortunately there is nothing your atty can do to expediate this process.
    There is no guarantee of any settlement. The carrier is permitted to pay out the indemnity associated with your PPD rating bi-weekly and leave you access to further medical care.

    Whether or not your ER can provide any reasonable accommodation for your restrictions isn't actually compensable. You may be eligible for UI benefits, and participation in a VR program if available in OK.
    my boss fired me soon after I fell he kept saying I was not reliable after the fall.
    Your ER is permitted to replace you while you treat/recover from your injury, thats' not valid reason or legal for terminating you. Unfortunatly, you would carry the burden of proof in why you were terminated. Your ER doesn't have to prove he did not fire you for that, you have to prove he did. There may be some recourse under ADA/EEOC. There is a SOL of 180 days to file that complaint. Probably past that time frame, but you could file and see what the decision is. Info is here http://www.eeoc.gov/employees/howtofile.cfm

    Cash payments to close a claim are offered for your consideration to drop any further claim for benefits due to this injury.
    That may or may not be in your best interests. It is always in the best interests of the ER/IC.

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