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  1. #1
    Join Date
    Oct 2019
    Location
    TN
    Posts
    6

    Default 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. #2
    Join Date
    Oct 1971
    Posts
    5,193

    Default 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
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Oct 2019
    Location
    TN
    Posts
    6

    Default 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. #4
    Join Date
    Oct 1971
    Posts
    5,193

    Default Re: Rotator Cuff Injury

    Quote Quoting confuseddude View Post
    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
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Oct 2019
    Location
    TN
    Posts
    6

    Default 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. #6
    Join Date
    Oct 1971
    Posts
    5,193

    Default Re: Rotator Cuff Injury

    Quote Quoting confuseddude View Post
    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
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Oct 2019
    Location
    TN
    Posts
    6

    Default 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. #8
    Join Date
    Oct 1971
    Posts
    5,193

    Default Re: Rotator Cuff Injury

    Quote Quoting confuseddude View Post
    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
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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

    Default 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.
    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

  10. #10
    Join Date
    Oct 2019
    Location
    TN
    Posts
    6

    Default Re: Rotator Cuff Injury

    Quote Quoting complwyr View Post
    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?

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