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Second Offshore Shoulder Injury and Employer Doctors

Written by Tom Whitehorse on 2026-02-21

“this is the second time my shoulder got wrecked working offshore and now they want me to see their doctor in new mexico like i'm making it up”

— Marcus LeBlanc

When a boat owner or insurer tries to send an injured offshore worker to "their" doctor, the fight is really about control of the medical record, not your recovery.

Your shoulder injury is not a bullshit credibility contest.

If you got hurt offshore, came back to New Mexico, and now the boat owner or insurer is suddenly pushing you toward "their doctor," that should set off alarms. Especially if this is the second shoulder injury, or the old one got aggravated and they're acting like that means the new damage doesn't count.

That doctor issue matters because whoever controls the early medical record usually controls the argument about whether you're truly hurt, whether this is a new injury or an old problem, and whether your treatment gets delayed until you're broke and desperate.

The doctor fight is about the paper trail

Here's what most people don't realize: the first real battle in a serious shoulder case is often not surgery.

It's chart language.

If the record says "preexisting condition," "degenerative changes," "possible exaggeration," or "inconsistent complaints," the insurance side will ride that language for months. They do it in road wreck cases on I-40 outside Gallup after pileups in dust and ice. They do it after oilfield crashes on US-285 between Artesia and Carlsbad. And they do it in work injury cases where the employer already thinks the worker is gaming the system.

Same playbook. Different industry.

For an offshore worker, the legal system may not look like ordinary New Mexico workers' comp at all. That's why people get confused fast. They come home hurt, try to treat locally, and then some company rep starts talking like the employer gets to choose every doctor, every MRI, every specialist, every second opinion.

That is where things get ugly.

If this is an offshore injury, don't assume New Mexico workers' comp rules are the whole story

A New Mexico warehouse worker in Albuquerque, a lab tech in Los Alamos, and a roughneck down in Lea County usually end up dealing with the state workers' comp system. An injured commercial fisherman or other offshore worker may be in a very different lane depending on where the injury happened, what vessel was involved, what your job was, and how much of your work was tied to that vessel.

That difference matters because the company may talk to you like this is a normal workers' comp claim with a neat little chain of command.

It may not be.

And when the case may fall outside ordinary New Mexico Workers' Compensation Administration rules, the company still benefits if you stay confused. Confused workers miss treatment. Confused workers say the wrong thing in recorded calls. Confused workers let "company doctors" frame a torn-up shoulder as wear and tear from age, old football, old rodeo, old construction, old anything.

If this is the second injury to the same shoulder, that risk gets even worse.

A second injury does not mean you're faking

That "same shoulder again" argument is one of the oldest dirty tricks in injury cases.

The employer says: you already had a bad shoulder.

The insurer says: this was going to happen anyway.

The doctor they picked says: symptoms appear out of proportion.

Now suddenly the whole case is about your honesty instead of your rotator cuff, labrum, biceps tendon, nerve symptoms, loss of grip, or inability to lift your arm without feeling like a knife is under the blade.

A repeat injury can still be a real injury.

An aggravated injury can still require surgery.

A previously damaged shoulder can still be made dramatically worse by one bad lift, one fall on a wet deck, one snapped line, one equipment shift, one slam into a bulkhead in rough water.

That is medicine. That is common sense. And around New Mexico, where people do hard physical work and keep working hurt far longer than they should, it is also normal. Plenty of workers from Farmington to Hobbs have old injuries they were carrying before one more hit finally blew the joint apart.

Why the company wants "their" exam

Because an exam they arranged is not the same thing as treatment focused on getting you better.

Sometimes it's just a medical visit. Sometimes it's basically a setup for a dispute report.

The point is to lock in themes that help them later:

  • your pain started before this incident
  • the mechanism of injury was "minor"
  • you delayed treatment, so maybe it's not serious
  • your symptoms "don't match" imaging
  • you can return to work with restrictions that don't mean a damn thing offshore
  • you need conservative care only, even though your shoulder is unstable and getting worse

That delay piece matters a lot. Plenty of injured workers don't feel the full extent right away. Adrenaline is real. So is pride. So is being stuck far from shore, trying to finish the hitch, trying not to get blacklisted, trying not to lose the next paycheck.

Delayed symptoms do not make the injury fake.

A gap in treatment does not automatically kill the case either. It often means the worker had no transport, no insurance clarity, no call back from the owner, no approval for imaging, or was bounced between urgent care, ER, and occupational medicine clinics that barely looked at the shoulder.

That happens in New Mexico all the time even on land. People get hurt on a lonely stretch of I-25 south of Albuquerque, or on US-70 where the wind pushes vehicles across the lane, and the real damage does not fully show itself until days later. Rural medicine and delayed specialty access are part of the story here. They don't erase injury.

The problem with letting one bad record define the whole case

Shoulder injuries are notorious for getting minimized at first.

An x-ray can look "fine" while the soft tissue is trashed.

An urgent care note can say "strain" while you're already dealing with a tear.

A company doctor can write "full range of motion" because you forced the arm upward once through pain, then spent the night unable to sleep or put on a shirt.

Once that record gets built, every later provider has to work around it.

That's why the doctor issue matters so much more than people think. Not because one physician has magical power, but because insurers love consistency when it helps them and love calling you inconsistent when it doesn't.

If your story has stayed the same - same incident, same shoulder, same loss of function, same pain pattern, same worsening with overhead movement or pulling - that matters more than the company's attitude problem.

And if they're accusing you of faking because this is not your first shoulder injury, that accusation is doing a job: it gives them cover to delay real care while pretending they just need "more information."

Meanwhile you can't sleep, can't lift, can't work, and can't get a straight answer from the boat owner.

That is not a medical mystery.

That is a treatment dispute dressed up like skepticism.

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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