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  1. #1
    Join Date
    Jan 2019
    Posts
    3

    Default Lost with Possible MMI Ratings with Multiple Injuries

    Hello group
    My injury about 8 weeks ago resulted in surgery to repair a torn rotator cuff, torn labrum, and torn bicep tendon. My acromium was also fractured and I had a subacromial decompression and a distal clavicle excision. I am now 6.5 weeks post surgery and of course I have not been released by my physician yet.
    My question is this/ After reading as much information as "I" was able to find I am lost as to what to expect in regard to how my MMI rating will be accomplished. I understand that after that 2014 change in Tennessee much of the laws are to the point. However, with 3 injuries will I receive 3 ratings? Or...will they be totaled together to arrive at a single whole body rating. I have NOT of course received any rating and I have not returned to work at this point, I have not even been released to drive as of this writing. I would just like to understand the rating I should be looking at. I have seen many posts with rotator cuff ratings at 6%. I am guessing....where one usually ends up in trouble....that I would be looking at more than 6 with 3 injuries involved? What would a typical rating be for injuries like this? Also, I have constant tingling, sometimes painful burning in the palm on my hand on the injured shoulder/arm, it includes 3 fingers on that hand. I told my doctor an PT person and the hope expressed was that it would resolve when swelling went down, it has not.
    As I understand the process now (after 2014) the settlement process involves 450 weeks x the rating x the compensation rate while off work? Then possible other additions such as age ( I am over 40 )....if I am able to return to my previous or higher paid job....high school diploma/ ged.
    I know this is a massive question(s). I guess I simply would like to know if all of my injuries will lump into one rating, is that correct?
    Thanks for not thinking me an idiot for these questions......the workers comp laws and the TN website are confusing to a lay person such as myself.
    Thank you in advance.
    Last edited by soreandconfused; 01-02-2019 at 08:33 PM.

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,748

    Default Re: Lost with Possible MMI Ratings with Multiple Injuries

    It is way too early in the case and your medical treatment for you to worry yourself with that stuff. If you are only 7 weeks out from shoulder surgery, you are nowhere close to being healed. You may be 6 months or more away from being released to RTW or to drive. You have to reach MMI before you can be rated. That might not take place for another year. And you may have complications that change the facts in the meantime.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
    Join Date
    Jan 2019
    Posts
    3

    Default Re: Lost with Possible MMI Ratings with Multiple Injuries

    Thanks for the reply, and I understand that. I suppose boredom has me reading and researching, I am curious by nature. Also, I distrust the WC insurance company. The BBB in my state gives them poor ratings.
    As an aside, I have had what I think is a strange twist in my circumstance. I returned to my physician this week for my checkup. Was told that to date I am looking good, thankfully, but that it will be a long process. . Also removed from the torture device of a sling, but told to wear my regular sling in public. Also told no lifting of any kind with my right arm. No driving, continue PT 3 times per week for the next 6 weeks and then return for a checkup. Work was discussed. I explained that my circumstance has no office role for me and that my Manager told me that they had no light duty role for me. My job plan was given in writing to the doctor as well which explains that my role is a very physical one which includes constant lifting up to 100 pounds and pulling stock on a pallet up to 2000 pounds. My doctor "released" me for light duty in order to "keep WC satisfied". I of course am still on pain meds and muscle relaxers. I did talk to the nurse about this with no real answer, but I just found it odd that I cant drive, still on these meds, cant pick up anything but I was released for light duty 7 weeks out. I guess the WC process is a very strange animal. I did have to laugh about it although it is not funny. But released for light duty but cant drive....I guess I could walk to work if they had something for me.
    Anyway, thanks again for the reply.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,748

    Default Re: Lost with Possible MMI Ratings with Multiple Injuries

    Getting released to light duty when you cannot even drive is the first big step towards terminating your weekly workers' comp checks. You need to meet with a local work comp lawyer and find out what you need to be doing, if anything, to continue to prove that you are disabled, and therefore entitled to the workers' comp checks. Complacency now could put you in the poor house in a few weeks. The insurance company is not interested in whether you can pay your bills. They will cut off your income as soon as they get a chance, even if you cannot drive or do your job. That is all they care about--the money. Get some specific legal advice from a good workers' comp lawyer asap so that you don't fall into their trap.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  5. #5
    Join Date
    Jan 2019
    Posts
    3

    Default Re: Lost with Possible MMI Ratings with Multiple Injuries

    Thank you much for your reply. As fate would have it, I had to return to my doctor Monday morning with a large amount of swelling. My right arm is 4 inches around larger than my non injured arm. Also, I now have a large pocket of fluid in my elbow the size of a golf ball. My doctor sent me for tests to check for a blood clot, they did the exam and released me....which I t hope was good. The doctor said they would call me today with any findings if I was released after the tests.
    Also, while I was there my doctor changed my status from light duty to no work for at least the next 6 weeks.
    I have contacted a attorney here after doing some research on WC lawyers in my area (Nashville). I should be speaking with them today.
    I agree, the ins company has no interest in my well being. To quote my doctor, I am "tore up from the floor up"....Im not looking to do anything other than get proper treatment to restore me to whatever state that will be, get back to my work and care for my family. But today I had to call them once again to ask about my "paycheck" since the last one they cut me was Dec 27. I am not a hateful man, but I have to decided to unleash whatever needs be to be treated properly within the laws in my state.
    Once again, thanks for the reply and encouragement. Its a damn shame that something that could have easily killed me is taken with total disregard by an insurance company. But as my manager said, none of this was my fault. So I have no intention of being taken advantage of.

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