$120,000 Victory for a Myrtle Beach Worker with a Torn Rotator Cuff

Carla* spent years doing physically demanding work at a Myrtle Beach distribution center, where she served as a linen specialist. It was the kind of job most people never think about, but one that keeps hospitals, hotels, and businesses functioning every day.

When she felt a sharp pop in her right shoulder while folding sheets, she had no idea that the real struggle was yet to come. Fortunately, she came to Joye Law Firm Injury Lawyers, where Attorney Michaella Magaard stepped in to level the playing field. From the start, our team understood that this wasn’t just a workers’ compensation case. It was our one chance to safeguard the future livelihood of a hardworking South Carolinian who had always put her family first.

Painful Pop After Years of Repetitive Motions

Although it was hard work, Carla never complained. She was proud to be doing her part to power vital businesses throughout her community. During an otherwise ordinary day at work, while folding a stack of sheets, she suddenly felt a sharp pop in her right shoulder. It was a moment that would change the course of her life forever. The pain was immediate and intense. Within days, it became clear that the injury was far more serious than a simple strain. Doctors later confirmed what she feared: a torn rotator cuff. The injury was likely generated by repetitive motion over many years of lifting and folding linens, and the pop she felt made it unmistakable that the final tear occurred at work. Without health insurance to fall back on, she trusted that her company’s workers’ compensation system would help her get the treatment she desperately needed.

Building the Case for a Total and Permanent Disability Designation

Attorney Michaella Magaard, supported by Case Manager Sam Craven, Legal Assistant Carolina Richardson, and Managing Partner Ken “Kenny” Harrell, took immediate action. The team pushed aggressively to get a proper evaluation of Carla’s shoulder, ensuring she received the imaging that should have been ordered from the start. They fought to get her Temporary Total Disability (TTD) checks turned back on and her medical treatment reinstated, restoring the stability she had lost.

As treatment continued, she underwent physical therapy and injections to manage the pain. Unfortunately, her doctors determined she was not a surgical candidate, meaning her restrictions were permanent, and she would never again be able to lift more than five pounds. On top of her sudden loss of employment, she also faced the reality of loss to her enjoyment of life. For a woman who loved lifting her six grandbabies, helping her two adult children, and maintaining her quiet life in the country, that restriction was devastating.

Her treating physician originally assigned a 7% impairment rating, and the workers’ comp insurance defense attorney jumped at the chance to settle the case for only $24,000. For Attorney Magaard, that was a major red flag. “In my experience, defense lawyers almost never initiate settlement discussions unless they know something significant,” explained Magaard. Once the imaging and evaluations were complete, it became clear that her rotator cuff tear was much more severe than initially believed. If she had accepted the early offer, she would have been left with a permanently damaged shoulder, no ability to return to her prior work, and no financial security. Thankfully, she had a strong legal team in her corner. She wouldn’t be swayed by the insurance company’s tricks.

Attorney Magaard requested an Independent Medical Examination (IME), where another doctor carefully reviewed her imaging, her physical limitations, and the American Medical Association impairment guidelines. The IME report increased her shoulder disability rating from 7% to 30%. A dramatic and much more accurate reflection of the physical limitations she now faced.

Meanwhile, the defense tried to argue that she had a “predisposition” to shoulder problems, implying that her work injury was less serious because she may have had an underlying condition. South Carolina law, however, is clear: when work aggravates or accelerates a pre-existing issue, the employer is responsible for the harm. Joye Law Firm Injury Lawyers proved that the repetitive demands of her job aggravated an underlying vulnerability and ultimately caused the full-thickness tear.

To strengthen the case further, the firm ordered a vocational evaluation. The evaluator reviewed Carla’s work history, limited formal education, restrictions from her injury, and the reality of the Horry County job market. The evaluation ultimately concluded that she was unlikely to find any substantial gainful employment. This was a crucial step, given her limited lifting ability and the physical nature of her entire work background.

By the time mediation was held, Joye Law Firm Injury Lawyers had built an overwhelmingly strong record showing both the seriousness of her injury and the long-term impact on her ability to work.

The case ultimately settled for $120,000, resolved through a clincher agreement that was appropriate given the medical recommendations and absence of surgical options. With her workers’ compensation case finally behind her, she will now be able to pursue Social Security Disability benefits that can help provide long-term stability.

Past results do not guarantee future outcomes.

*Client’s name has been changed to protect her identity