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  1. #1
    Join Date
    Aug 2009

    Default Second Surgery Needed, What Now

    My workers compensation claim was made in the State of: Maryland

    I just got back from my follow up with the Dr to review the MRI of my right shoulder. I am 3 months post op from surgery on the left shoulder. Dr. found that I have an upper and lower tear of the rotator cuff and thing is hanging on by a thread. So I need another surgery if I want Any kind of chance at living a normal life. Remember I am only 25 so I know I am in for a long painful journey with my shoulders. The Dr. also said that my days of doing any kind of daily physical labor are gone...

    The doctor has attributed the tear to the original fall and the IC already approved the MRI for it with no problems. I hope that they approve the surgery for it the same way. How will this work for me in the end now? Will I be given a separate IME for both shoulders and then combine the ratings? Will this have any affect on my settlement?

  2. #2
    Join Date
    Feb 2007

    Default Re: Second Surgery Neeed, What Now

    Your injuries are 'upper extremeties'... once you are MMI, your condition will be rated to that body part.
    Permanent Partial Disability Benefits
    Injuries that are not so serious as to leave a worker permanently, totally disabled may nonetheless result in some permanent impairment. This is called permanent partial disability.

    Generally, a covered employee who is entitled to compensation under the Workers' Compensation Act shall receive a minimum weekly compensation of $50.00 for permanent partial disability unless that employee's average weekly wage was less than $50.00. If the worker's average weekly wage was less than $50.00, they will receive compensation that equals their average weekly wage at the time of the accidental injury or the last injurious exposure to the hazards of their occupational disease.

    Benefit payments for permanent partial disability continue for a period of weeks established by the statute; a period that varies according to the body part injured and the severity of the injury. For example, the total loss of a thumb or the use of the thumb results in payments for 100 weeks. The total loss or loss of use of the 4th finger (also called the little finger) results in payments for 25 weeks. When the period allowed by a Workers' Compensation Commission finding and prescribed by the law has run, the compensation payments cease.

    If a covered employee has an accidental injury or an occupational disease that results is a permanent total disability, the employer or its insurer shall pay to the covered employee compensation that equals to two-thirds of the average weekly wage of the covered employee, subject to a maximum payment equal to the State average weekly wage. No payment for permanent disability shall be less than $25.00.

    Benefits paid for permanent total disability are subject to an annual cost of living adjustment not to exceed 5% as determined by the Department of Labor, Licensing and Regulation. These benefits are reduced in the case of workers who are also entitled to Federal Social Security Disability Benefits to the extent necessary to avoid a diminution of the Federal benefits

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