shoulder67
New Member
I was injured in a attic accident in July of '06. After 4 months of practically useless therapy I finally got with an Orthopedic Surgeon and had surgery. The surgery was a "Bankhardt Shoulder Repair With Capsule release". It was done in November. I was in therapy all they up until the end of July this year. I at this point was still having trouble with any overhead lifting with not just support but pain with it too. I also can't just hold my arm above my head for any length of time. After going for an FCE/PPD, I did my follow-up with my surgeon and the jerk that did it recommended restricting me to any overhead lifting or work and found me 8% PPD plus 5% whole body for a total of 13%. But, at the same time, worded in his findings that he felt like the way he wrote it that I wasn't trying 100% in the tests. I was outraged because all thru this whole thing, I have been very compliant with appts, therapy, ect...basically done everything I was told. I also felt that my intelligence was insulted, especially being I told him when he asked me what my weaknesses were and his findings despite what he accused me of mirrored what I told him. I had tried to stay away from getting a lawyer involved until I felt I was getting screwed. Well, now was the time. I've hired one but we have just gotten rolling. He though, understandably don't want to elaborate on what he thinks he may get done but does feel that I was screwed with the FCE/PPD person, he knows of him and says he's a joke, and wants to get that % higher and he also lead me to believe that he felt my same feelings that its going to be very difficult for me with the extended overhead work and lifting I have to do with my job as well as crawl crawlspaces and attics, climbing and lifting ladders as well as other things to return to my old job.
So, here it is, I was wondering if anyone can tell what can or will or possibly will come of this? What things can he go for, what things will he go for? My job will very likely because of the type of work it is not be able to return me in a limited capacity especially permanently. What benefits, settlements, work options, the whole nine yards will he go for and even consider? Please help. I just want to get an idea on what at least he may be able to get. I'm understanding from what I've researched and read so far that I'm probably going to be entitled to a PPD settlement, I'm in no way especially being it was a laborous job not going to be able to replace my $18 an hr. job. That type of work (laborous) is pretty much all I've ever done. I'd probably be lucky to get a $9 an hr job so I've heard of lost wage settlement too. Plus I've heard of the compromise and release thing too but not fully understanding what I can potentially receive in that. The only thing I'm sure of is that a compromise and release has been given to a former employee of my company for a neck injury. He had to have surgery on his neck but except for not being able to tilt his head all the way back, he recovered but was settled with. He had a 15% PPD and could have probably gone back to our job I was told (something I could not do right now and probably never) but he ended up receiving instead a $250,000 settlement and I believe it was by way of a compromise and release. He works now as a computer tech in a school system. I found out my attorney doesn't take but 1 in 3 WC cases so I'm thinking that he thinks mine might be rewarding for him. Am I wrong? I'm drowning in this BS TTD I'm getting and just want what I'm entitled too and what is fair.Tell me what you all think. I'm in Georgia by the way. The IC is Liberty Mutual. Thank you everyone for listening.
So, here it is, I was wondering if anyone can tell what can or will or possibly will come of this? What things can he go for, what things will he go for? My job will very likely because of the type of work it is not be able to return me in a limited capacity especially permanently. What benefits, settlements, work options, the whole nine yards will he go for and even consider? Please help. I just want to get an idea on what at least he may be able to get. I'm understanding from what I've researched and read so far that I'm probably going to be entitled to a PPD settlement, I'm in no way especially being it was a laborous job not going to be able to replace my $18 an hr. job. That type of work (laborous) is pretty much all I've ever done. I'd probably be lucky to get a $9 an hr job so I've heard of lost wage settlement too. Plus I've heard of the compromise and release thing too but not fully understanding what I can potentially receive in that. The only thing I'm sure of is that a compromise and release has been given to a former employee of my company for a neck injury. He had to have surgery on his neck but except for not being able to tilt his head all the way back, he recovered but was settled with. He had a 15% PPD and could have probably gone back to our job I was told (something I could not do right now and probably never) but he ended up receiving instead a $250,000 settlement and I believe it was by way of a compromise and release. He works now as a computer tech in a school system. I found out my attorney doesn't take but 1 in 3 WC cases so I'm thinking that he thinks mine might be rewarding for him. Am I wrong? I'm drowning in this BS TTD I'm getting and just want what I'm entitled too and what is fair.Tell me what you all think. I'm in Georgia by the way. The IC is Liberty Mutual. Thank you everyone for listening.
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