Legal Question in Workers Comp in Georgia

Re-Injury

I was injured on the job, had major shoulder surgery, and after 2 1/2 weeks was told by docter I had to return to work.I went to work under doctors limitations but was told to do work I shouldnt have been doing.I now have reinjured my arm to the point I will never have full use.That is the outlook from the second doctor I have gone to.Is this considered to be a new injury?.My deltoid muscle is torn and fused with arm and prior surgery was not for this but rotator cuff.If this is a new injury, do my benefits start over?


Asked on 8/27/02, 11:19 pm

1 Answer from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Re-Injury

Your question question could involve the issue of whether your injury represents a "change in condition" or a new injury. Because there is a differnt location, and you exceeded limitations imposed by your doctor, I would lean toward saying this is a new injury. In any event it sounds as though the original claim is still open and has not been settled. The first question I want to answer is when did the injuries occur? There are time limitations involved and could be different in each situation. Correctly analyzing your situation can mean the difference in recovery or not, and the amount of your recovery. I would be pleased to discuss your case with you without obligation or consultation fee if you will call 770-607-5300.

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Answered on 8/28/02, 6:24 pm


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