On 09/09 I suffered a distal bicep tendon rupture in my left arm, had surgery to repair in 10/09. Then in 03/10, had wrist surgery on the same arm, then returned to modified duties at work on 07/10. Worked for one month then suffered a non-work related injury in 08/10 which was to keep me off for at least two more months.
Due to my non-work related injury, the WC Adjuster stopped my TTD payments and suggested for me to ask my doctor to declare me MMI and close me out. After discussing this with the doc and advising him of my continuing pains he thought since I would not be working for two or more months that it would a good idea to close it out.
In his report, he glorified his work and gave me a 1% rating with future medical for both wrist and arm, which I objected to and requested a QME. A few day's before my QME I suffered another work related injury to my right arm, same thing, distal bicep tendon rupture (I work in a field that requires heavy lifting).
I opened a new claim for my right arm but my QME doctor strongly recommends retaining an attorney and wants to do further testing because #1) I shouldn't have been released by my doctor since I was still having pains #2) No scans, nerve test, X-rays or anything for that matter were done before or after surgery. #3) I was putting too much strain/weight on my right arm because of my Left arm injury and #4) I've developed chronic back pain during the time off of work and added on about 30 pounds of weight etc... He attributes all of the above ailments to the initial injury and thinks they should all be combined.
I guess my questions are:
A) Do I need or should I get an attorney?
B) can back pain, weight gain, loss of strength and depression be included in rupture tendon claim for rating purposes?
C) would it be to my advantage and is it even possible to couple all my ailments to the initial injury even though they happened a year apart?
And one last thing, if I don't do surgery now, will future medical on my right arm (new claim) allow me to do it at a latter date?
Thanks in advance