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  1. #1
    Join Date
    Dec 2019

    Default Revision Surgery Rating

    Hello and I hope everyone is safe and well.

    I tore my rotator cuff back in June 2018 and had surgery in October 2018. Sometime around February of 2019 while doing strength exercises I felt a discomfort back in the same shoulder. Thinking it was just part of the recovery process I kept doing my therapy. I did tell the PT about the discomfort and it was documented on my daily reports. In March I was cleared by the doctor to go back to work but the discomfort in my shoulder never went away. I was also given a 10% rating on the shoulder. After a few more months of discomfort I requested a visit with my doctor. Another month later I was given an appointment and received a shot in my shoulder from the doctor. It felt great but it was short lived. I went back to see the doctor again in six weeks and was given a prescription for anti-inflame pills. Still had the pain. I went back six weeks later and the doctor then decided to order an MRI. Now we are heading into the end of 2019 and finally I am approved for an MRI around the first of 2020. The MRI showed that I had tore the same rotator cuff and had also tore my bicep tendon. The doctor was very apologetic and I am convinced that he did not believe me about the pain. Another surgery was performed in June of this year but by another doctor of my choice. I am still going to therapy and have done very well with the surgery. I have a follow up visit in the next 6 weeks. I am curious if I will again expect a rating from the doctor. I have already received one rating of 10% from the first but was curious of what to expect from the second surgery. From the date of the original injury this has been over a two year ordeal with my shoulder. Should I see advice from a worker's comp attorney?

    Thanks for reading and your input is appreciated.


  2. #2
    Join Date
    Oct 1971

    Default Re: Revision Surgery Rating

    I am curious if I will again expect a rating from the doctor. I have already received one rating of 10%
    I would say yes, they use a formula to combine the two ratings to come up with a total - below is an example for a back injury but they same applies.

    *This Section clarified as of February 15, 2000*
    If a claimant has two injuries to the back and has separate impairments, these ratings should be calculated separately and then combined. Do not add the percentages of impairment.
    FIRST EXAMPLE: 40% (A) & 20% (B)
    In this example, the first percentage of impairment, 40% (A) is subtracted from 100%.
    100% - 40% = 60% (C)
    The second percentage of impairment 20% (B) is calculated from the remaining percentage (C), which in this case is 60%.
    20% of 60% = 12% (D)
    The total percentage of impairment is the sum of 40% (A) plus 12% (D).
    40% + 12% = 52% total percentage of impairment

    Should I see advice from a worker's comp attorney
    Yes, it doesn't hurt to keep them honest.
    We have a lawyer that contributes to the N.C board, complwyr (Bob Bollinger) maybe he'll weigh in and correct or expound on my comments.
    Here's the link to his website.

    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
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: Revision Surgery Rating

    Tony, that stuff you quoted about combining ratings is only used for back injuries. If the doctor gives a new rating for the recurrent tear, the biceps tear, and the second surgery, generally speaking, that will be in addition to the original rating after the first surgery. It works better when the same doctor is doing the treating and rating, but in the OP's case, it can be done. It really just depends on exactly what the second doctor says when he rates him. The fact that an additional injury is present--the biceps tear--will help to justify additional or higher ratings in this case. And, of course, in NC the injured worker may have an election of benefits to make at that point of rating/MMI -- if he is still out of work, or under-employed, he can choose to continue getting TTD or TPD as the facts dictate.
    Last edited by complwyr; 09-28-2020 at 01:12 PM.
    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

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