Re: Shoulder injury, Cal. Comp Claim

More | Report Post

On 5/24/05, Dave Fox wrote:
> I am, was, a commercial aircraft mechanic. I tore the
> rotator cuff an detatched a tendon in my right shoulder at
> work back on 2/22/04. I have had two surgeries and am
> nearing the permanent and stationary point according to my
> doctor. While I have gotten most of the movement, and a
> serviceable amount of strength back in the shoulder, I still
> have some pain that keeps me awake at night and causes me to
> worry about my future ability to work as a mechanic or at my
> other skill, carpentry. On top of this, three months after
> the first surgery the company I worked for had a large
> layoff and I was forced to take a decent severance package
> made available only at the time of that layoff, or risk that
> I might get nothing when the time came for me to return to
> work and there was no longer a position for me. I spoke to a
> couple of attorneys but they did'nt sound sure that I might
> be able to collect anything substantial for my permanent
> injury, the sleep deprivation, and any offer I might get for
> future medical would not be worth considering. Did I get a
> couple of bad opinions or is this pretty much what I can
> expect? Any insight would be appreciated.

I DON'T LIVE IN CALIFORNIA, BUT IT SEEMS TO ME THAT YOU MAY
HAVE GOTTEN BAD ADVICE. WC IS RESPONSIBLE FOR YOUR INJURIES
FROM THE DAY YOU ARE HURT, TO THE DAY YOU ARE DECLARED MMI..AT
WHICH POINT THEY MUST SETTLE WITH YOU OR CONTINUE TO PAY YOU
PTD!! MY ONLY CONCERN WAS THAT YOU ACCEPTED THAT SEVERANCE
PACKAGE. IM NOT SURE HOW THAT WOULD AFFECT YOUR WC CASE!! WHAT
DID THOSE ATTORNEY'S SAY?

IF YOU ARE STILL IN PAIN AND THIS INJURY IS KEEPING YOU FROM
DOING YOUR JOB, THEN WC IS NOT OFF THE HOOK! DON'T LET ANYONE
TELL YOU DIFFERENT! I KNOW CALI HAS SOME SCREWED UP WC LAWS,
AS DO MOST STATES, BUT IT SEEMS TO ME THAT ATTORNEYS IN YOUR
STATE SEEM TO RELUCTANT TO HELP IW'S!! BELOW ARE SOME SITES
THAT MAY BE OF HELP TO YOU. LEARN AS MUCH AS YOU CAN ABOUT
YOUR STATE WC LAWS..DON'T JUST RELY ON HEARSAY OR WHAT YOUR
ATTORNEY SAYS. REMEMBER, WHEN IT COMES TO THIS WC GAME,
KNOWLEDGE IS POWER!! KEEP ME POSTED!

http://www.dir.ca.gov/dwc/dwc_home_page.htm

http://workerscompensation.crystalgravity.com/states/Califorina.htm

http://www.workcompforums.com/ca/iw/categories.cfm?catid=10