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reinjury in MO
#1
Okay, this is complicated, so I'll start with history. 4/24 I broke my ankle in three places. Had surgery 4/27; 2 pins and a plate and a really cool button and suture stabilizer through the lower tibia and fibula. Was released back to work 5/7, but was still taking percocet and with no safe and reliable way to work (I live way out in the country) I took a week of vacation. Returned to work 5/18 (off the percocet), with restrictions of no weight on affected foot (so, crutches), sitting work, no uneven surfaces, no ladders, no stairs, elevate the ankle above the heart two out of three hours.

Now the complicated part. 5/28, on my day off, I slipped on the ramp that goes off the porch, and ended up stepping down on my left ankle. I reported it to my doctor because I wanted to know if I could have damaged his very good work. The answer is possibly, if it hurt more than it had been. Luckily, it doesn't.

What if it had? Worse, since it's the rainy season here in Missouri, what if I slip again? Because even though I'm incredibly careful where I put my crutches, going back to work means that even if I'm tired from a bad night or a long day at work, I still have to walk out to my car on those crutches and drive to or from work. Even if the ground is wet. Even if all my weight has to be trusted to two little inch and a half circles of rubber every other step I take. Trust me, I'm going to attempt to land on my butt, not my injured ankle. But what if I don't?

I'd be happy to hear anyone's thoughts. I'm feeling incredibly paranoid ever since the nice nurse at my doctor's office said "Oh, you're work comp. That complicates everything."
 
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#2
aggravations are new injuries. a non-industrial aggravation is considered a non-industrial new injury.
work comp will likely be suspended until your condition returns to pre-injury status.
if you break your butt that's a different scenario: intervening non-industrial accident may not suspend on-going comp benefits.
these are medical questions that often have differing opinions that have to be litigated.
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
1171 Wrote:aggravations are new injuries. a non-industrial aggravation is considered a non-industrial new injury.
work comp will likely be suspended until your condition returns to pre-injury status.

Thanks! That really helps. I'm sure this morning that the ankle hasn't sustained further damage (it doesn't hurt enough and the swelling is back down). I'll try not to damage my butt - or any other part of me. But it's nice to have some idea of what could happen if I did. I really, really hate not knowing.
 
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#4
yup.
when you have information you open up choices/alternatives and retain some control.
those without it get pushed around.
more information for you
http://www.dolir.missouri.gov/wc/faq_employees.htm
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
Dwolf34,

If you would happen to sustain another injury, either to your ankle, or another part of your body, there could be potential liability of the 2nd injury fund in Missouri, which allows recovery of additional compensation above and beyond your primary settlement.
I sent you a private message too that should be in your in-box. Thanks.
 
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#6
I had a terrible fall while being treated under Workman Comp. Had several knee surgeries and my knee gave out while going down a step of my deck. I broke my thumb badly and had a pin put in and also broke my nose. Workman comp would not cover any of those new injuries. I didn't push the issue and swallowed the cost myself. I'm terrified that this will happen again as I just had my sixth reconstructive knee surgery (still from original injury two years ago).
 
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#7
I would think that if Dwolf got hurt from falling using the crutches on the way to work or at work etc. it is a part of the first injury that it should be covered under the same IC as a new injury caused by the first injury correct?
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#8
sparkey Wrote:I would think that if Dwolf got hurt from falling using the crutches on the way to work or at work etc. it is a part of the first injury that it should be covered under the same IC as a new injury caused by the first injury correct?

According to the law, no. Not even if I fell in the parking lot on the way into work.
 
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