I suffered a labral tear of my dominant shoulder which required surgery. At MMI my attending dr issued an impairment rating of 7%UE = 4% whole body based on ROM but never took any measurements himself (which was witnessed by my case manager). Reviewing my FCE the numbers are significantly different on certain ROM tests. I will present the measurements Dr 1st then FCE: Abduct 135 vs 136, adduct 25 vs 28, Int. Rotation 80 vs 24, Ext. Rotation 85 vs 72, Flexion 165 vs 142, Extension 55 vs 30. Referencing AMA 6th ed. Tbl 15-34 and Tbl 15-11 I found online, I calculate 12%UE = 7% whole body. What recourse other than IME and BRE do I have? Can I go back to attending dr and ask for explanation and reevaluation? If so, will the ins co accept the amended impairment rating?
There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.
by attorney Ronald E. Sholes
Employees can sue for damages if they’ve suffered work-related injuries. These lawsuits are separate from workers’ compensation and cover more kinds of injury.