1. Junior Member
Join Date
Oct 2019
Location
TN
Posts
6

## Rotator Cuff Injury

I was injured at work back in March and had Rotator cuff surgery in May. I came back to work under light duty in August and just had my last Dr's appt where I had reached MMI. Note, I can not put my hand behind my back, nor lift over 5lbs without it hurting. PT went like hell at first because I had developed frozen shoulder and still have a lot of strange popping going on that they call "Scar Tissue" breaking up. Everyone keeps telling me that I will be back to normal but it will take a long time. My issue is this, my Dr did the MMI test by basically "eyeballing" my ROM. When I asked what a typical MMI was she responded with 2-5% and that WC will compensate me based on that fact. She also released me back to work with no restrictions. My job requires me to lift a lot more than 5lbs,but I was only at 3lbs when I was done with PT, I cant tuck in my own shirt, and my wife helps me with my belt. I don't want to get an attorney but I don't want to be screwed over either, so I am curious if I am correct on my math formula and if the fact that I am over 40, dominant arm, and released with no restrictions will give any kind of multiplier? I have seen the formula as 450 weeks x MMI rating x amount your checks were while out of work(\$667.55). So lets say I had 4%, what should I be looking at and should I get an attorney if it doesn't match up? Thanks in advance!

2. Senior Member
Join Date
Oct 1971
Posts
5,193

## Re: Rotator Cuff Injury

There are other factors to consider than the Impairment rating, also there are max limits.
Check out the below charts.
Calculate benefit amount: PPI (%) x 450 = Benefit Period (#Wks) Benefit Pd (#Wks) x CR (\$) = Benefit \$

TENNESSEEWORKERS’ COMPENSATION
http://www.speed-seta.com/resources/tn_doc2.pdf

Tony

3. Junior Member
Join Date
Oct 2019
Location
TN
Posts
6

## Re: Rotator Cuff Injury

Thank you for that. So my thought process is correct? However, in order to qualify for any of the multipliers I would have had to come back to work making less money correct?

4. Senior Member
Join Date
Oct 1971
Posts
5,193

## Re: Rotator Cuff Injury

Quoting confuseddude
Thank you for that. So my thought process is correct? However, in order to qualify for any of the multipliers I would have had to come back to work making less money correct?
Or not return to work, not have a high school diploma, older than 40 or a unemployment rate above 2%

Tony

5. Junior Member
Join Date
Oct 2019
Location
TN
Posts
6

## Re: Rotator Cuff Injury

So I came back to work and I am over 40. So does that net the 1.2 multipler or something?

6. Senior Member
Join Date
Oct 1971
Posts
5,193

## Re: Rotator Cuff Injury

Quoting confuseddude
So I came back to work and I am over 40. So does that net the 1.2 multipler or something?
No, read the chart - it says "Add’l benefits after initial benefit period ONLY if not working or making less pay "

Tony

7. Junior Member
Join Date
Oct 2019
Location
TN
Posts
6

## Re: Rotator Cuff Injury

Ah ok. So here is the situation. I was Salary before I went out on medical. I came back as a hourly employee. So for example when I was salary my check showed \$25 a hour for 40 hours. Now that I am hourly it is \$21 a hour but with overtime I can gross near the same amount. Would that still be considered coming back at less pay?

8. Senior Member
Join Date
Oct 1971
Posts
5,193

## Re: Rotator Cuff Injury

Quoting confuseddude
Ah ok. So here is the situation. I was Salary before I went out on medical. I came back as a hourly employee. So for example when I was salary my check showed \$25 a hour for 40 hours. Now that I am hourly it is \$21 a hour but with overtime I can gross near the same amount. Would that still be considered coming back at less pay?
Not if it equals out - pay is based on your gross average weekly wage before taxes or other deductions.

Tony

9. Senior Member
Join Date
Feb 2007
Location
831 East Morehead St., Ste 355, Charlotte, NC 28202
Posts
3,808

## Re: Rotator Cuff Injury

No restrictions, and a lowball impairment rating, with that injury and those symptoms? Are you kidding? Your "doctor" must own an awful lot of stock in that insurance company that is responsible for you. Go see a good workers' comp lawyer.

10. Junior Member
Join Date
Oct 2019
Location
TN
Posts
6

## Re: Rotator Cuff Injury

Quoting complwyr
No restrictions, and a lowball impairment rating, with that injury and those symptoms? Are you kidding? Your "doctor" must own an awful lot of stock in that insurance company that is responsible for you. Go see a good workers' comp lawyer.
I finally got my PPI rating and it was 6% whole body and they made me an offer. I however have not accepted it and asked the IC why the TN workers comp laws on multipliers didnt apply to me based on the fact I am over 40 and came back to work at a lesser pay rate. The only reply I got was that he was looking in to it to see if my case falls under those lines.

Ok so the last conversation I had with the IC stated that "Name Hidden" would be in contact with me. I asked what for and the IC stated to decide if my case qualifies for the multipliers. After looking up who this person was, it is an insurance defense lawyer and workers comp lawyer. Should this be the time I lawyer up?

#### Posting Permissions

• You may not post new threads
• You may not post replies
• You may not post attachments
• You may not edit your posts
•

Find a Lawyer