Legal Question in Workers Comp in Virginia

Re: Workmans comp issue

If you injured yourself in December 2006, you have two years or until December 2008 to file a claim with the Virginia Workers Compensation Commission. You indicated you received 7 months of compensation for your injury. You indicated you received surgery on April 2007 for a rotator cuff tear. Thus, it appears you received compensation until your operation but not much thereafter. It appears your medical condition after the surgery was in dispute. You said one doctor said you had carpal tunnel syndrome and another said you had weak muscles. However, the real issue is whether your impairments after the operation were still due to your accident. That is a question that has to be answered by the doctors. So, if the damage to your arms and neck is caused by the accident and if you have a doctor who will say this then you are entitled to file for more compensation. Also, if you have had a rotator cuff operation, you should have some permanent damage to your arm. A doctor should be able to give you a rating for this. You may need to contact my office by phone or email for more advice about this complicated problem.

Jerry Lutkenhaus

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