Posted 3/20/2013 7:39 AM (GMT 0)
Hi shell, basically, the WC works like this... whether there was already a pre-existing problem, a pre-disposed problem (as the work comp attorneys like to put it), or there was no problem at all beforehand, if there is an injury caused by performing your job, workers compensation has to pay for the medical care. Where all the other stuff comes into play, is when your negotiating a settlement for permanent partial disability from any injury sustained. If it is deemed a work related injury, they have to cover the medical care, plain and symple, the other stuff... that's why work comp attorneys exist.
If there is deemed to be a pre-existing condition, then what will happen at the end of the claim, the work comp company will figure out an apportionment, what % of the condition was caused by the injury, and what percentage was preexisting. They will figure out what your Whole Person impairment Rating is based on your condition when you are declared permanent and stationary, that WPI will be used to calculate your total Permanent Partial Disability % rating (a rating that only exists for the purpose of calculating the final settlement of the claim, this disability rating means nothing to any other agency). Lets say at the end of your claim, they give you a PPD rating of 20% (note, its only for the work comp injury, not for anything else) and they figure that 20 % of that rating was already pre-existing, then for the purpose of that claim, you were made 16% permanently partly disabled, and thats the percentage that they are liable for, and the basis on which they will come up with a number for either a cash settlement (if they do those in your state), or for a PPD structured settlement (in my state, they use your PPD percentage, and pay you $230 per week, for 7 weeks, for every 1% that you are declared PPD, so if 20% PPD, then you get $230 a week for 140 weeks.
Thats kind of the basics on how it works, if everything goes smoothly... it probably has several different variations in every state.
Regarding your shoulder, it wouldn't shock me in the least if an ortho decides to do an exploratory if there is a tear, usually a tear is an indicator that there is something else wrong. They did an exploratory on my left shoulder in 2002 because the MRI was too fuzzy to find the problems, turned out the "fuzzieness" was built up scar tissue, and they removed a lot of it, and had to shave a whole layer of bone and cartalidge out of there to smooth everything out. It actually fealt great when I woke up, a few hours of a dull ache, when I was at home that night, but it felt alot better.
Let us know what happens, I know with your CRPS, that anything is going to be tricky, I really hope that it turns out to be something simple like just some strained ligaments that some PT or something can take care of. Please take care of yourself, your in my thoughts and prayers and I wish you the best.