I dislocated my shoulder in 2008 on the job, and received workers comp benefits until I recovered to the point when I was released to return to work without restrictions.
A while afterwards, My attorney at the time filed for an additional allowance for anterior shoulder instability, type 1 labral tear, and right rotator cuff syndrome. The industrial commission ruled that the allowance was to be granted on the grounds of a "substantial aggravation of a previous injury" based on a medical report from a doctor who I have never seen. I have no recollection of an injury previous to 2008.
I was back at work and all was well and good until recently in March 2013 I re-dislocated the same shoulder in the same way again, but this time it was off the job.
My injury required surgery again, and I am now on short-term disability, and not able to work. I was covered under FMLA for 12 weeks, but on may 8th my employer released my position. I am still receiving disability benefit payments, and my employer told me I would need to re-apply for another position after recovery.
Am I eligible to receive workers comp benefits for the recent re-injury? and if so how do I do that?
Any help is greatly appreciated, Thank you in advance