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  #1  
Old 09-28-2009, 08:26 PM
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Exclamation

Field Duty on Limited Duty


Camp Pendleton, Ca
I have recently separated my shoulder for the 2nd time in 6 months. Both incidents have been Marine Corps Related. The first was during playing on the MC softball team the other was during unit PT after work. I have been on limited duty for the past 3 weeks for my shoulder dislocation and on my limited duty chit it states no flak or kevlar but im being forced to go to the field. The question i have is that, is this a lawful order? and if i am injured in the field would it be possible to sue the marine corps for a 3rd injury and not taking the appropriate steps to let my injury fully heal?
Thanks for your time and your responses.
  #2  
Old 09-28-2009, 08:43 PM
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I don't know the answer to your question, but my son has gone through something approximately the same, with severe shoulder problems. He had to have several surgeries. He still has problems and is now considered 100 % disabled by military doctors.

However, since he was not discharged with any disability, he is having to fight his way through for this now. My advice to you is to make sure, upon your discharge, that your disability is noted and you are put in for at least partial disability. If you do not get discharged on at least a partial disability, then you will have to prove this later in life, which is proving to be difficult for my son. He was told that he had been treated extremely unfairly by the military by not having at least partial disability when he was discharged.

Make sure that it it is a problem with your shoulder when you are discharged, you need to get at least a partial disability.

Once his shoulder was badly injured, my son was transferred to a duty station that did not require further injury to his arm. You might want to go the physicians and get them to take your part here.
  #3  
Old 09-28-2009, 09:31 PM
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Were you forced to play on the softball team?
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  #4  
Old 09-28-2009, 10:57 PM
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Doesn't matter. Once you are in the military, you literally belong to them. Any injury done is still the responsibility of the military. Even if the injury is done on off duty time, it was done in the military. They treat it, they pay disability if the injury prevents him from resuming a normal life afterwards.
  #5  
Old 09-28-2009, 11:14 PM
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There are no circumstances where you could sue the military for any injury you receive while serving.
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