[Omacron]

Last year I injured my rotor cuff while at work. My empolyer sent me to a doctor who said I had a straned trapizus muscle. I was given 3 days off and then returned to work. I continued to work for a week and continued to have great pain in my shoulder. I am an aircraft sturctural mechanic. In the course of my work I have to often work over head and or apply great pressure with my upper body to the part I am working on. Finally I could take the pain no longer and informed the supervisor that I needed to go to the doctor to have it checked out. My supervisor had previously told me that he was told to watch me because they were afrade I would file a claim. I was then sent to a doctor and refered to a bone and joint specialist. The bone and joint doctor said I has bursitius in the shoulder. He gave me time off from work and had me go to physical therapy. After that I was released to go back to work with restrictions and was to continue therapy. When I informed my employer I could return to work, I was informed that I had been terminated due to "Poor Work". I had never had any warnings about this "Poor Work". I was an probationary employee though and I had worked for this same company for over a year previously.

Then after I had completed my physical therapy the doctor said I was at maxium medical improvement and ordered an FCE. The FCE said I had an 85% stringth deficit in my left shoulder/arm but that I had symptom exaggeration. The doctor asked for another FCE, but the insurance adjuster said they wouldn't pay for it and also said "Were done with you".

Some weeks went by and I continued to have pain in my shoulder. I called the insurance and told them I wanted to see another doctor about this. They gave me a list of four to pick from and I did pick. The 2nd doctor ordered an MRI which revealed I did indeed have a torn rotor cuff. I then had rotor cuff surgery to correct the problem. I have been going to PT and have maybe one more month before I am declared maxium medical improvement. I do have some problem though with range of motion. Even though I have complied with all my treatment regimen I can't swing my forearm out to the side. I also can't reach my arm stright up like I could before, nor can I reach up behind my back very far. I have little hope at this point that this will improve.

My question is will I be compensated for this loss of range of motion? Also was it legal for my empolyer to terminate me?

[Anonymous]

My question is will I be compensated for this loss of range of motion?

It is my understanding that a permanent partial disability in Alabama can result in up to 300 weeks of benefits, based upon your prior weekly salary. However, I believe that your benefit would depend upon your present earning capacity with the limitation, and thus that you would only receive a continuing benefit if you can show a decrease in your earning capacity resulting from the injury. To clarify your precise rights, you may wish to have your situation reviewed by a workers' compensation attorney in your state. Most will give you a free consultation.

Also was it legal for my empolyer to terminate me?

Probably yes, if you were terminated for poor performance unrelated to your injury. Probably no, if that was a pretext for firing you because you made an injury claim or required medical leave. You should consider having your situation reviewed by a plaintiff-side employment lawyer in your area. Again, most will provide a free consultation.

[shipleylinda]

I 've had the same injury - what did workmans comp finally do for yours. I have not lost my job but I do not have full use of my arm. Does workman comp pay for this??
Thanks Linda S

[pg449bob]

I also have had rotator cuff repair,,three times, and I am wondering what amount of ppi rating i will get and what kind of settelement I can expect to get from the wc carrier. My injury happened in michigan but the company I worked for was in Indiana,so the comp settelment will come from the Indiana state guidelines. I have been in construction all of my adult life ,32+ years, nd the doctor is poutting a 40 pound limit on my right arm.. What kind of ppi rating and settelment will i be offered?