More details to this question:
Work related injury...I had shoulder surgery on my R shoulder June 1 1012, released to full duty in mid september and was re-injurede Oct 20, 2102. I have been on light duty since that time. I was placed on ultram for pain control and was in therapy. On April 11, 2013 I suffered a seizure while at work. I have no history of seizures and research shows that ultram can cause seizures. and the E.R. doctor seems think that it caused this one. I have had no seizure since and have taken no ultram since then. I was PUSHED FAST into going onto FMLA and did draw short term disability for 10 weeks, that has ran out. My Orthi surgeon discharged me from care and told me to have a functional capacity test, I had it today 9-13-2013. The PT that did the test told me I was impaired and was not to lift/push/pull greater than 10 lbs in 30% of my job. I am a paramedic, 23 years now. I also wonder if I am justified for back pay since the seizure happened at work and was possibly caused from the pain management regimine prescribed
1 ANSWER
Bankruptcy Chapter 13 Attorney serving Athens, GA
Partner at
Morgan & Morgan Attorneys at Law, P.C.
2 Awards
When treatment for an established work-related injury causes a new injury, this is referred to as a "superadded injury". A superadded injury is a legally compensable injury under Georgia law. Of course, the burden of proof is on the injured worker to show that the new injury was caused by the treatment for the original injury. This can sometimes be difficult. An experienced workers compensation attorney will review the medical evidence and determine if such a claim is feasible.
If a worker's authorized treating physician releases him/her to regular duty work without restrictions, the worker's weekly benefit can be stopped on relatively short notice. If your doctor has released you before you can fully perform your job, it is important to get another opinion as soon as possible. This can usually be accomplished by demanding an independent medical examination at the expense of the Employer and Insurer. When you are faced with the possibility of losing your benefits, experienced legal representation is absolutely necessary.
MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA. WE HAVE MORE THAN 30 YEARS EXPERIENCED HELPING PEOPLE WITH WORK INJURIES, DISABILITY CLAIMS, AND FINANCIAL PROBLEMS. VISIT OUR WEBSITE AT www.morganlawyers.com OR CALL (706)548-7070.
Answered on Sep 16th, 2013 at 2:34 PM
Our response is for general information only. No attorney client relationship is created. Always consult with a qualified attorney directly.