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Shoulder, Knee, Hip & Other Joint Injury Cases

INTRODUCTION TO OKLAHOMA SHOULDER KNEE HIP & OTHER JOINT INJURY CASES

Oklahoma & Tulsa workman’s comp shoulder, hip, knee & other joint injuries can consist of any of the following: 

TULSA OKLAHOMA SHOULDER INJURY SETTLEMENT: Injury to an employee’s shoulder can occur from one of many causes, including, but not limited to: a direct blow or other blunt trauma to the shoulder joint, lifting injuryies, and even a worker falling onto his or her outstretched arm and/or hand.  Continuous activity, overuse syndrome, repetitive motion & cumulative trauma accidents commonly do and can result in significant and permanent injury to the shoulder area as well.  These sudden or cumulative type injuries often result in injury and damage to an employee’s ligaments, tendons, rotator cuff, clavicle (collar bone), scapula (shoulder blade) and humerous (upper arm bone); and left untreated, these shoulder injuries can lead to an injured worker suffering from a rotator cuff tear, acromion process instability, dislocations (anterior or posterior) or a dislocated shoulder, pain, inflammation, instability, weakness, tendonitis, impingement syndrome, frozen shoulder (adhesive capsulitits), AC joint injury, winged scapula, sternoclavicular dislocation, glenohumeral instability/subluxation, glenoid labrum injury, supraspinatus tendon rupture, rupture of the long head of biceps, fracture of neck of humerous, and finally subacromial bursitis.  An X-ray, arthrogram, ultrasound or an MRI study will usually be ordered by the injured worker’s treating doctor to determine the nature and extent of the worker’s shoulder joint injury.  Once the shoulder problem is correctly identified–Oklahoma City and Tulsa injured workers with shoulder injuries are usually treated with rest, physicial therapy, non-steroidal anti-inflammatory medications, and even steroid injections.  However–many Oklahoma workers’ comp shoulder injuries are serious enough that they can only be treated by shoulder surgery, either by an open surgical repair or an arthroscopic procedure.  Injured workers’ and their attorneys or lawyers should realize that ultimately shoulder injuries can and do result in significant cash settlements before the Oklahoma City & Tulsa Workers’ Comp Court.

TULSA OKLAHOMA KNEE INJURY SETTLEMENT: Direct blows to the knee, lifting injuries, falling, twisting injuries and even overextension of a worker’s knee can and do result in serious & permanent injuries to a Tulsa or Oklahoma City employee’s patella (knee cap), meniscus, patellar tendon, anterior cruciate ligament (ACL); medial collateral ligament (MCL); posterior cruciate ligament (PCL), lateral collateral ligament (LCL), or femoral condyle tibial plateau.  These conditions can and often do result in an injured Oklahoma worker experiencing popping, grinding, catching, tenderness, pain, swelling, giving way, instability, & locking of his or her knee.  Presented with these findings about his or her knee an injured worker’s orthopedic surgeon will probably have him or her undergo either a standard x-ray, MRI or even a CT scan to determine the nature and extent of the worker’s knee problem.  Initially the doctor will probably have his or her patient engage in physical therapy & medication therapy for the hurt knee, including the use of NSAIDS (non-steroidal anti-inflammatory agents) &/or steroid injections–but in many cases the worker will ultimately require knee surgery or surgical treatment to repair the problem, particulary if the employee has sustained a partially or complete torn cartilage &/or a meniscus tear.  Knee reconstruction is typically done with an arthroscope or arthroscopically.  In the most extreme cases an injured worker should be awarded by either the Oklahoma City or Tulsa Workers’ Compensation Court a partial or total knee replacement.  Tulsa Oklahoma knee injury cases, particulary when surgery is performed, can result in an injured employee receiving a substantial cash settlement or award from either the Oklahoma City or Tulsa Workers’ Compensation Court.

 

COVERAGE FOR TULSA OKLAHOMA SHOULDER, HIP, KNEE & OTHER JOINT INJURIES

At the outset it should be noted that all claims for any compensation or benefits under the Oklahoma Workers’ Compensation Act, including those for shoulder, knee, and hip injuries, are only commenced by the injured worker &/or his or her attorney or lawyer properly and timely filing a notice of injury with the either the Oklahoma City or Tulsa Workers’ Compensation Court.  This document is properly called the EMPLOYEE’S FIRST NOTICE OF ACCIDENTAL INJURY AND CLAIM FOR COMPENSATION also known as the employee’s FORM 3.

Oklahoma City and Tulsa Workers’ Compensation Court rules require that every employer subject to the provisions of the Oklahoma Workers Compensation Act must pay, or provide as required by the Workers’ Compensation Law, benefits and a cash settlement according to the schedules of the Workers’ Compensation Act for the disability of a worker resulting from an accidental personal injury sustained by the employee arising out of and in the course of his or her employment, without regard to fault as the cause of such injury.  This includes coverage for cumulative trauma and single event injuries to a worker’s hip, knee, shoulder, elbow or other involved joints.

The Oklahoma City and Tulsa Workers’ Compensation Court has determined that a compensable shoulder, hip, knee &/or other joint injury in Oklahoma means any such injury causing internal or external harm to the employee’s body, which arises out of and in the course of the worker’s employment as described above, and further that if such employment was the major cause of the specific injury.  The Oklahoma Workers’ Compensation Court has further defined “major cause” as meaning more than fifty percent (50%) of the resulting injury and furthermore any finding of major cause must be established by an injured worker &/or his or her attorney or lawyer by a preponderance of the evidence.  Furthermore, any hip, shoulder, knee or other joint injury, other than a cumulative trauma or repetitive motion injury*, is compensable only if it is caused by a specific incident and is identifiable by time, place and occurrence. The Oklahoma City and Tulsa Workers’ Compensation Courts have stated that any compensable knee, hip or shoulder injury must by proven by an hurt worker &/or his or her attorney by objective medical evidence.  The Oklahoma Workers’ Compensation Court has determined that “objective medical evidence” is medical testimony that rests on reliable scientific, technical or specialized knowledge and relies on those findings which cannot come under the voluntary control of the injured worker.  Finally–any medical opinion submitted by an injured worker &/or his or her attorney or lawyer addressing compensability must be stated within a reasonable degree of medical certainty.

*NOTE:  The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that a cumulative trauma shoulder, knee &/or hip case in Oklahoma is a compensable injury, the major cause of which results from employment activities which are repetitive in nature and engaged in over a period of time and which is supported by objective medical evidence submitted to the Workers’ Compensation Court by the injured employee &/or his or her attorney or lawyer.

NOTE: The Oklahoma City & Tulsa Workers’ Compensation Courts have determined that the term “compensable injury” will not include the ordinary, gradual deterioration or progressive degeneration of a worker’s shoulder, knee or hip which is caused by the aging process, unless the injured worker &/or his or her attorney or lawyer can show that the employee’s work  was a major cause of the deterioration or degeneration and such a claim must also supported by objective medical evidence, as defined above.  Furthermore–any claim, and subsequent disability, submitted by an injured employee &/or his or her attorney or lawyer, that has as its source a physical condition resulting from incremental damage or injury to the employee’s shoulder, knee or hip joint, or a gradual deterioration of physical health of such joint, which is caused by a condition arising out of and in the course of employment, must be proven by a preponderance of the evidence presented to the Oklahoma City or Tulsa Workers’ Compensation Court–as the case may be.

NOTICE & REPORTING REQUIREMENTS FOR WORKCOMP SHOULDER HIP KNEE CASES

SINGLE EVENT SHOULDER, HIP, & KNEE INJURIES: The Oklahoma City & Tulsa Workers’ Comp Court rules provide that unless an injured worker or former employee gives oral or written notice to his or her employer or former employer within thirty (30) days of the date a single-event injury occurs (or the employee receives medical attention from a licensed physician during the thirty-day period) from the date an injury occurred, the rebuttable presumption shall be that the injury was not work related.  Such presumption must be overcome by a preponderance of the evidence put before the Oklahoma Workers’ Compensation Court by the hurt worker &/or his or her attorney or lawyer. 

CUMULATIVE TRAUMA & REPETITIVE MOTION SHOULDER & HIP INJURIES: For repetitive motion or cumulative trauma injuries there shall be a rebuttable presumption that injury from cumulative trauma does not arise out of and in the course of employment unless oral or written notice is given by the employee to the employer within ninety (90) days of the employee’s separation from employment.  Such presumption must be overcome by a preponderance of the evidence put before the Oklahoma Workers’ Compensation Court by the hurt worker &/or his or her attorney or lawyer.

WORK COMP COURT FILING DEADLINES FOR OKLA SHOULDER, HIP & KNEE CASES

FILING DEADLINES FOR SINGLE-EVENT SHOULDER, KNEE & HIP INJURY CLAIMS*: The right of an injured worker to claim compensation under the Oklahoma Workers’ Compensation Act for a shoulder, hip or knee injury shall be forever barred unless, within two (2) years after the date of such injury, a claim for compensation is filed with either the Tulsa or Oklahoma City Workers’ Compensation Court by the hurt employee &/or his or her lawyers or attorneys.  Provided however, a claim can be filed within two (2) years of the last medical treatment which was authorized by the employer or its insurance company or payment of any compensation or remuneration paid in lieu of compensation. 

FILING DEADLINES FOR CUMULATIVE TRAUMA OR REPETITIVE MOTION SHOULDER, HIP & KNEE INJURY CASES*: With respect to shoulder, knee or hip injuries caused by repeated trauma causally connected with a worker’s employment, a claim must be filed by the injured emploee &/or his or her lawyers or attorneys with either the Tulsa or Oklahoma City Workers’ Compensation Court within two (2) years of the date of last trauma or hazardous exposure. 

*NOTE: The filing of any form or report by the employer or its insurance company will not toll the above limitations.

TEMPORARY TOTAL DISABILITY IN SHOULDER, HIP, KNEE & JOINT INJURY CASES

Temporary total disability (or “TTD”) benefits are generally awarded by the Oklahoma City or Tulsa Workers’ Compensation Court while the employee is under active medical treatment and either one of the following occur:

  • The hurt worker’s treating doctor states, under penalty of perjury, that the employee’s shoulder, knee or hip injury renders him or her completely unable to perform the worker’s job he or she was performing at the time they got hurt; or
  • The injured employee’s employer is unwilling or unable to provide the hurt employee with alternative work duties compatible or otherwise within any activity restrictions given to the injured worker by his or her treating doctor as a result of his or her shoulder, knee, hip or other joint injury. 

In cases of temporary total disability, seventy percent (70%) of the injured employee’s average weekly wages shall be paid to the worker during the continuance thereof.

EMPLOYER’S OBLIGATION TO COMMENCE TTD: Upon receipt of notice that an employee has sustained injury to his or her shoulder, hip, knee or other joint–the employer has an obligation under the Oklahoma Workers’ Compensation Act to provide that worker with and to commence temporary total disability compensation in the event that the injured employee is disabled and unable to return to work for more than  three (3) calendar days.  It is not necessary for there to be any order of either the Tulsa &/or Oklahoma City Workers’ Comp Court directing the employer to provide these TTD benefits.  As such–the first payment of temporary total disability compensation shall become due and payable on the tenth day after the employee is rendered unable to work as a result of his or her shoulder, hip, knee or other joint injury.  Under Oklahoma law all compensation owed on that date must be paid and thereafter payments must be made weekly.

LIMITATIONS ON TEMPORARY TOTAL DISABILITY FOR “SOFT TISSUE INJURY”

EIGHT WEEK TIME LIMIT ON TTD IN OKLAHOMA FOR WORKERS’ COMPENSATION CASES DEFINED AT LAW AS “SOFT-TISSUE INJURY”.  Oklahoma Workers’ Compensation Court rules hold that in any case of a nonsurgical soft tissue injury, in which the employer has promptly provided medical care to the injured worker, temporary total compensation shall not exceed eight (8) weeks.  However, any hurt worker who has been recommended by his or her treating doctor for one or more injections may petition the Tulsa or Oklahoma City Workers’ Compensation Court for one extension of temporary total compensation and the Workers’ Comp Court may order such an extension, but not to exceed eight (8) additional weeks.  Additionally–any injured employee who has been recommended by his or her treating physician for surgery for a soft tissue injury may petition the Tulsa or Oklahoma City Workers’ Compensation Court for one extension of temporary total compensation and the Oklahoma Workers’ Compensation court may order such an extension, not to exceed sixteen (16) additional weeks, it the treating doctor indicates that such an extension is appropriate (or as agreed to by all parties-including their attorneys &/or lawyers). 

NOTE: In the event surgery is not performed within one hundred twenty (120) days of the approval of the surgery by the employer or the employer’s insurance company or an order of the Oklahoma City or Tulsa Workers’ Compensation Court authorizing such surgery, any benefits for the extension period shall be terminated by the Oklahoma Workers’ Compensation Court, unless said court finds that any such delay was beyond the control of the injured worker. 

NOTE: In the event surgery is performed, the period of temporary total disability is limited to a maximum of one-hundred fifty-six (156) weeks, or three (3) years. 

NOTE: The Oklahoma City & Tulsa Workers’ Compensation Court has defined ”soft tissue injury” as any damage to one or more of the tissues that surround an injured worker’s bones and joints and specifically includes, but is not limited to sprains, strains, contusions, tendonitis, and muscle tears.  Cumulative trauma is to be considered a soft tissue injury. 

NOTE: The Tulsa & Oklahoma City Workers’ Compensation Court has determined that the term “soft tissue injury” specifically does not include a total knee or any other joint replacement.

OKLAHOMA SHOULDER, KNEE & HIP PERMANENT PARTIAL DISABILITY SETTLEMENTS

Most Oklahoma workers, attorneys, lawyers & judges think of and refer to a permanent partial disability award as a “PPD settlement’”, “work comp settlement”, ”permanent settlement”, “lump-sum settlement”, “final settlement”, “cash settlement” or simply a “settlement”.  However, the Oklahoma City and Tulsa Workers’ Compensation Court has determined that “permanent partial disability” in Oklahoma means permanent disability which is less than total and is equal to and the same as the injured worker’s permanent impairment.  In turn “permanent impairment” has been defined by the Court to mean any anatomical abnormality after maximum medical improvement has been achieved, which abnormality or loss a physician would consider to be capable of being evaluated at the time an impairment rating is made.  Finally, “maximum medical improvement”, or “MMI” has been defined by the Oklahoma Workers’ Comp Court to mean that no further material improvement would reasonably be expected from medical treatment or the passage of time.  Oklahoma Workers’ Compensation Rules provide that any claim submitted by an injured employee &/or his or her attorneys or lawyers for compensation for permanent disability must be supported by competent medical testimony from a doctor stating his or her opinion of the employee’s percentage of permanent impairment and whether or not the impairment is job-related and caused by the accidental injury.  All doctor’s opinions addressing permanent impairment must be supported by objective medical evidence of a permanent anatomical abnormality* & stated within a reasonable degree of medical certainty.  In all cases the determination of a worker’s permanent disability is the sole responsibility of a Judge of the Oklahoma Workers’ Compensation Court, not the injured employee’s doctor or his or her employer’s insurance company. 

*NOTE:  In determining the existence of such an abnormality, the Oklahoma City or Tulsa Workers’ Compensation Court may consider if there is credible medical evidence that the ability of the injured worker to earn wages at the same level as before the injury has been permanently impaired.

OKLAHOMA WORKERS’ COMPENSATION PERMANENT PARTIAL DISABILITY CASH SETTLEMENT AWARDS FOR “SCHEDULED” JOINT INJURIES [i.e. knee & elbow cases]: In cases of PPD for “scheduled” injuries under the Oklahoma Workers’ Compensation Act, usually confined to a worker’s extemities [arms & legs] & described by law as injury to a worker’s elbow & knee [NOTE: injury to a worker's shoulder &/or hip is considered an injury to the worker's whole body or whole person--and is compensated under the 'other cases' provision of the Oklahoma Workers' Comp Act, and described more fully below], the injured worker’s compensation or settlement award will be seventy percent (70%) of the employee’s average weekly wage during that portion of the period two-hundred seventy-five weeks which the partial loss of use thereof bears to the total loss of use of such arm (elbow) or leg (knee).

OKLAHOMA WORKERS’ COMPENSATION PERMANENT PARTIAL DISABILITY CASH SETTLEMENT AWARDS FOR “OTHER CASES” JOINT INJURIES [i.e. shoulder & knee injury cases]: Initially it should be noted that in Oklahoma any examining physician shall only evaluate workers’ compensation impairment to an injured employee’s shoulder or knee injury in strict accordance with the latest publication of the American Medical Association’s “Guides to the Evaluation of Permanent Impairment” in effect at the time of the hurt worker’s injury [NOTE: In constrast--a treating physician is not required to follow the AMA guides when evaluating impairment of an injured worker's elbow or knee injury or other scheduled member injury or loss].  In other words–these officially adopted AMA guides shall be the exclusive basis for testimony and conclusions with regard to permanent impairment to an Oklahoma worker’s shoulder, hip or “other cases” injury.

The Oklahoma City & Tulsa Workers’ Compensation Court awards a permanent partial disability settlement or award to an injured worker determined as a percentage of permanent impairment to the injured employee’s hip or shoulder.  The monetary compensation ultimately ordered paid to the worker for the disability will be seventy percent (70%) of the employee’s average weekly wage for the number of weeks which the partial disability of the employee bears to five hundred (500) weeks.