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No overhead reaching. Three words that end most manual jobs, which is why these claims matter more than the injury alone suggests.
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Shoulders fail at work in two ways. A single event: catching a falling object, a fall onto an outstretched arm, a heavy lift that went wrong, a dislocation. Or gradually: years of work above shoulder height, repeated lifting, pulling and reaching, in trades where that is simply what the job is.
What makes shoulder claims distinctive is not the medicine. It is what the restriction does to employment. A knee restriction can often be accommodated with a seated role. A restriction against reaching above shoulder height eliminates warehouse work, construction, maintenance, stocking, painting, electrical work and most of the jobs the injured person has ever done.
An employer who cannot accommodate that restriction usually cannot keep you, and that consequence is a central part of the claim rather than an afterthought.
You injured your shoulder at work in Ohio, in one incident or over time, and you are dealing with a refusal, a limited allowance, a fight over surgery, or a return to work that is not going to work.
The joint, the structures around it, and the restriction that decides whether you keep your job.
Rotator cuff tendons degenerate with age and imaging says so in almost everybody past middle age. As with knees, the response is not to dispute the wear. It is to establish that the work event substantially aggravated it: what you could do before, what happened, and what changed immediately afterwards.
Where the injury was cumulative rather than sudden, the argument shifts to the job itself. How many hours above shoulder height, how much weight, how many repetitions, over how many years. That is a description most workers can give in detail and most claims never ask for.
This one is specific to shoulders. Cervical conditions refer pain into the shoulder and arm, so an examiner can attribute the whole presentation to a neck problem that was not caused at work. Distinguishing the two is a clinical question, and it needs answering with examination findings and imaging of both regions rather than left ambiguous.
General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.
Repetitive-use shoulder claims are recognized and they are harder to prove, because there is no date and no incident report. The evidence is the job: hours spent overhead, weights handled, repetitions, and a medical opinion connecting that history to the findings.
That wording appears in most adult shoulder MRIs and it is not the end of the claim. What matters is function before and after. Somebody working full time overhead with no treatment history, who could not lift their arm the following morning, has a strong aggravation argument.
Treatment refusals are appealable, and they are among the most common disputes in these claims. The usual grounds are that the requested procedure is not related to an allowed condition, or is not medically necessary. Both are answerable with the right supporting opinion.
Whether it genuinely fits your restrictions matters a great deal, and so does what happens if it disappears after a few weeks. Get the offered duties and the restrictions in writing, and tell us before you agree anything, because refusing suitable work has consequences for benefits.
Then both should be on the claim. Leaving the neck off is common and it creates an opening for the argument that your shoulder symptoms are really cervical, and therefore not work related.
Ohio workers compensation runs on short deadlines, and they are the reason most appeals are lost rather than the merits.
An order of the Bureau is appealed to the Industrial Commission within 14 days. An order of a District Hearing Officer is appealed to a Staff Hearing Officer within 14 days. An order of a Staff Hearing Officer is appealed to the full Industrial Commission within 14 days.
Where the dispute is about your right to participate in the fund at all, there is a further appeal to the Court of Common Pleas, and that one runs for 60 days.
A dispute about the extent of your disability does not go to the common pleas court. That is challenged only through a mandamus action, which is a different proceeding on a different standard. It is one of the most common misunderstandings we see, and it costs people appeals.
The rest of this practice area, in case your situation fits one of them better.
One incident can open more than one claim, and they are handled together here.
Doug Casper helped me with my Workman's Compensation claim, including a hearing before the Ohio Industrial Commission, in which he was successful. He was able to obtain total compensation for my hearing aids, which were desperately needed after a profession where I was continously over-exposed to very high decibel noise. Thank you Doug Casper!
Joni Hayes the best the lady saved Christmas. She was on top of this self insured employer of mine that dint wanna pay up was two months. when I hired them she fixed the problem in couple hours and was holiday season wow she was amazing I totally recommend
I have Doug Casper for my workers comp. He has helped me tremendously. I am now also working with Steve for my disability. Steve also helped us so so much when my late husband needed help with his illness. I have recommended this group to anyone who would need a lawyer.
I had great service from Casper & Casper and I recommend them to all my family and friends for their Workers Compensation needs.
Casper and Casper has taken care of my family for years my dad was hurt really bad and handicapped the rest of his life they helped him getting everything he needed and now that i was hurt on the job they have taken care of me
I was injured on the job a while ago, and my employer decided that instead of taking care of me, they would let me go, even though I reported the injury. I contacted Dan Allnutt, of Casper, Casper & Casper, and told him my problem. He and his team went to work and got me the surgery i needed, and the workman's compensation I was due to get back to where I am today. Kim Chupka was an incredible rock, and every time I had a complaint or question, she was always there, with an answer.
No cost, no obligation, and no fee unless we win.
Free consultation, no fee unless we win.
No fee unless we win
