My husband has an open workmans comp claim for his shoulder. He has missed no work during this time. He has done therapy with no improvement...

Question

My husband has an open workmans comp claim for his shoulder. He has missed no work during this time. He has done therapy with no improvement. Further testing will be required to see if surgical intervention is required. He says he may not decide to have the surgery because he is afraid he will not be able to pass the return to work physical due to his known genetic lung disease. What should we do? He is the sole provider and I have been out of full time employment for over 2 years with no hope of finding anything in our area. We cannot afford to lose his job and insurance. He has been with the company for over 30 yrs.

Answer

That is a complex question that requires more discussion.

I also don't fully understand how his lung disease plays into his shoulder injury, or why a lung test would be part of a return to work physical from a shoulder injury unless that is specific to his company.

We could better answer you questions and concerns over the phone.

Feel free to call me

Joe Klest

847 969 9510

Answer

I'm sorry to hear about your husband. They can't make him have the surgery if he doesn't want it. If he doesn't have it and they can't accommodate any work restrictions then they'd have to pay him work comp benefits. We'd also seek vocational rehabilitation for him. If you want help or hvae questions, call me at 800-517-1614.

Mike Helfand

Answer

Your husband may have rights under the Illinois Workmen's Compensation Act, including the right to be retrained and a right to have his work accommodate his job restrictions. There may also be a case for his lung disease. All of these areas would have be investigated carefully. Should he wish to discuss his case with an attorney, please feel free to call our office. Law Offices John C. Wunsch, P.C. (312) 977--9900. Many thanks.

Answer

I understand. If you husband opts for surgery, he will need to undergo pro-operative testing which will disclose his illness. Never post so many details on a public forum. Your husband needs an experienced Workers' Compensation attorney to negotiate this. None of these details should be shared with anyone unless your attorney tells you to do so.

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