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can i get a second surgery from work comp due to re-injury during post -op
#1
I have many questions but will start with 2 . First i had shoulder surgery biscep tedonisis ,debridement,removal of bursa, and labrum repair for slap tear .its work comp in texas . 2 weeks post op we got a ice storm i went out to get eats and fell,naturally i put my arm out to catch myself ..omg ..the pain and literally felt the sjtures rip up thru tendon to a point and then a rip and feel as if one of the anchors yanked out . So to surgeon i go . He delays mri 3 weeks cause inflamation .buy i finally get it and as i thought the tendon was ripped and that long head tendon pulled 2.2 cm ( almost an inch ) and my biceps is knotted up and layin down in my arm towatds elbow .the mri also showed that i ripped my rotator cuff but maybe not full tear ,ok on first damage surgeon would say no way to tell until i insert camera and of course i was way worse than arthogram showed . So ,know he is certain wothout viewing its not full tear ! Tells me i have to live with it and most do at 40 yr old . Its killin me worse now than before surgery ,im regretting all of it .i cant use my arm at all and it never stops hurting ,hurts right thru the 6 hydro pain meds a day . Clickin poppin jumpin over something now .so depressing and painful ,yet i have to live with it ?is not settling right with me . Q.1- can i get another surgery to fix this new damage thru work comp ? Should i get a different surgeon that will try something new ? My treating dr. Says it needs another surgery but the surgeon that he reffeted says live with it . Its been 2 full months since i did it .i will go back to both dr. On 23rd and 26th of feb. Maybe they will have s changed answer and i will share with forum but for now .whats goin on ? Can any of you help me .all of you seem so nice and in same disadvantaged boat im in . My 2nd Q- was can anyone give me a ballpark idea of impairment rating as im at end of temp dis pay .i get mandatory mmi in august . No therapy yet and worse than when i originally hurt myself . Bout to pull my hair out for lack of better description maybe few steps away from losin it ..and all my life (truck home career.etc.)but at some point each day im drawn back near to god and reassured i will make it and its all temporary . It just hurts so constant for 25 months now ,due to i had to fight a denial in beginning all the way thru appeals of contested case for first yr. With no treatment or help or meds. But like i said its worse now ouch ..thanks for any consideration .thanks for letting me vent .thanks for being here ...a place i finally found that feels like someone might understand what im goin thru , lol..dr just look at me like a cow starin at a new gate ,and kids n wifey are so helpful but still no true understanding ..haha bout 45 min. Into every day they go back to askin and actin as if they have forgotten im hurt ..poor babies just want their daddy back .i sure hope i didnt whine to much or offend anyone .im new to forums of sny type .i found this in my desperation and just let it go .and belive me i held back .i pray for all of you n hope to get some informative info .thank you n god bless
 
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#2
are you asking if the second injury is covered by comp or are you asking if you can get the no surgery opinion overruled?

impairment ratings are based on the amount of recovery attained. if you haven't reached maximum medical improvement, then the a rating now will change by the time your claim is ready to be finalized and it's just a wild guess to speculate at what it will be 6 months from now --especially if there is another surgery in your future.
although there a lot of complex measurements involved, ask your doctor if you can review the rating guide maybe you can figure out ballpark figure.

you should request a second medical opinion.
here is information on your medical benefits
http://www.tdi.texas.gov/wc/employee/medicalben.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(02-21-2015, 06:45 PM)1171 Wrote: are you asking if the second injury is covered by comp or are you asking if you can get the no surgery opinion overruled?

impairment ratings are based on the amount of recovery attained. if you haven't reached maximum medical improvement, then the a rating now will change by the time your claim is ready to be finalized and it's just a wild guess to speculate at what it will be 6 months from now --especially if there is another surgery in your future.
although there a lot of complex measurements involved, ask your doctor if you can review the rating guide maybe you can figure out ballpark figure.

you should request a second medical opinion.
here is information on your medical benefits
http://www.tdi.texas.gov/wc/employee/medicalben.html
Thank you ..im very limited on my options and i have had 2 lawyers so far ..fired first for not showin up ,got ombufsman and it was as if they were on employers side ,so i hired a last minute attorney to at least appear with me and won my appeals entirely on my testamoniy of the facts . So i do have trouble with finding info . I will try the link u suggested .i regards to surgery question ,i had the first approved in dec .2014 i fell post-op but dr was able to word it right enuff to get mri in anticipation of a correction surgery but on daty we went over new damages he told me to just live with it .my bicep is wadded up down in my lower arm .i cant just live with it .with my very limited knowledge of the laws or rules i cant understand your reply .i wasnt told no surgery allowed by work comp yet .i just dont know if a person just keeps tryin another surgery till it gets right or what . I am reading of people posting 2 and 3 surgeries ,how are they doin that ? In also it sounds like it just gets worse and worse for them as far as outcome from these surgeries . Yes i guess im asking if im entitled to another try at getting fixed. My way of thinkin is i deserve a chance to get back to normal but maybe thats not the way they see it ,lord knows i been amazed left and right to this point with all of it .blows my mind as far as my view on humanity in comparison to theres.anyhow .i guess clearing it up ,does it make it my fault and not work related since i fell snd admitted it that way or do i have a shot at correctional surgery and rotator cuff repair since it was so soon after surgery and it failed so easily ,and ripped half the work surgeon did apart .well thank you for inquiring and as usual im on a downswing at the end of the day after just tryin to make it thru the day so i surely understand if you dont want to mess with tryin to help.me understand or make sense of what im asking ..thank you very much for your time so far .
 
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#4
approval of an MRI diagnostic test is not considered an approval of treatment. I suspect the comp carrier will fight any treatment related to the fall on the ice.
you may have to have treatment done on your own or thru health insurance and let them fight out the reimbursement later in court.
you can request a change of doctor's on your comp claim.
I'm not sure what other kind of help you want. I can't do a rating for you.
yes, you can try to get more treatment and more surgery but you need a doctor that's willing to do it.
that why I suggest you get a second opinion and if treatment is denied by the carrier go to the comp court and get a judge to decide the issue.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
Ok..excellent advice. You were more than helpful .i appreciate it Smile
 
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