Case at a glance
- Recovery: Confidential Settlement
- Injury: Left shoulder injury; two operations
- Practice: Maritime injuries
- Attorneys: Vuk Vujasinovic
Shoulder pain during physically demanding deck work
Scott worked as a deckhand on the Ohio River. His job involved connecting barges and helping move them, work he described as physically demanding and requiring substantial lifting.
Rather than identifying a single dramatic accident, Scott described shoulder symptoms that developed over time. He sought care, received work restrictions and tried physical therapy. He later told the examining physician that therapy had not relieved his symptoms.
His claim focused on the demands of his job and the assistance available to perform it. The lawsuit alleged that overwork and inadequate staffing contributed to his left shoulder injury.
Two operations, with continuing symptoms between them
Scott underwent his first shoulder operation in November 2021. The procedure addressed damaged tissue around the shoulder joint and biceps tendon, along with impingement and inflammation.
He continued to report pain and limited shoulder movement after that operation. Another orthopedic surgeon evaluated him and obtained a new MRI. In August 2022, Scott underwent a second operation, this time a rotator cuff repair.
Follow-up records described improvement in his pain, motion and strength during rehabilitation. But the fact that he had undergone two operations did not end the dispute. The employer’s medical examiner questioned whether the second surgery was related to the work injury Scott claimed.
Comparing the defense opinion with the earlier imaging
The VB Attorneys team reviewed the medical chronology, including the imaging obtained before the first operation. An early MRI report described a partial tear involving the supraspinatus, one of the tendons that make up the rotator cuff.
The defense examiner later disputed the connection between the second rotator cuff repair and the claimed work injury. His report attributed Scott’s shoulder problems in significant part to underlying anatomy and degenerative changes, and challenged the extent of any lasting work-related limitations.
The team examined that opinion against the earlier MRI findings and the sequence of treatment. They also sought information from Scott’s treating surgeon about his condition and recovery.
The case required attention to both sides of the medical evidence: Scott’s treatment and symptoms, and the genuine dispute over what his work had caused.
Vuk pursued a negotiated resolution
Vuk continued settlement discussions with the defense while the team evaluated the disputed injury and treatment evidence. The case ultimately resolved through a confidential settlement.
The result concluded Scott’s maritime injury claims after a course of care that included two shoulder operations. His case illustrates the work involved when an injury develops through repeated physical demands rather than one clearly defined event: understanding the job, reviewing the medical timeline and addressing the defense’s explanation of the injury.
Questions about the case
Related legal help
Learn about maritime injury claims or read about another deckhand injury case.
To speak with VB Attorneys about an injury aboard a vessel, call 877-724-7800 for a free consultation.
Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.