Workers' Compensation Discussion Forums

Hello all-I have a few questions for those of you who have gone through these ratings ahead of me. My OS who did my rating saw me for a few minutes and talked with me about what had changed since he last saw me. At the end of our talk, I assumed he'd do some sort of physical or R-O-M tests, on my legs, but he didn't do any type of physical. I asked him how the rating system worked and he explained that since he uses the AMA charts, there are 2 sections that back injuries w/ fusions fall under. Either for those who the fusion helped or for those who still have nerve damage and chronic problems. He said that he did not have to do any tests on me, since he was able to put me in the 2nd catagory, which is the better of the 2, since it will be a higher %. He said that with a fusion, the ratings were done differently than other injuries. He also said that in Va, they don't rate the back...only if there are problems with the extremities. Which is why I was only having my legs rated.

So, my questions are: 1. Does that sound correct? Should he have checked for my R-O-M or anything? 2. Is it true that the back or spine can not be rated? 3. He filled out a work performce form and stated that I could not work again. But there was no mention of the restricted lifestyle that I now have (self-care difficulty, dressing difficulty, speech & thought difficulty, physical activities issues, Traveling issues, sleep, sexual and bladder problems etc.) I actually have to have an aide come in and help me on a weekly basis. Do any of the permanent impairments go into the rating?

I am sorry this is so long and detailed...but I have found this part of the w/c program to be very compicated and difficult to find info. on. I did find info. that said for multi-level fusions, the AMA should not be used and instead the DRE or the R-O-M should be used. Is that true for VA?

Thank you all for your time and help with this.

LF

to be honest WC does not pay for pain and suffering...just wage loss and that only for a while unless you are 100% they simply do not care that you now need someone to help you with daily living....sucks doesnt it

Actually, in VA they do pay a one time award for permanent impairments and my lawyer said that was why I needed to have my legs rated. The judge has already said that both my legs are documented as being disabled and it is due to my injury. Once we rceived that letter from the judge, my lawyer sent me for my rating. I am just not sure that when they figure out the rating %, if they actually have to do specific tests or are all lower extremities, post fusions, the same %, regardless if it is 1 leg or 2 as well as if the legs are slightly or severly impaired.. Does that make sense?

Thanks though, for your imput.

I do know the Body as a Whole is split up in 2. Meaning Upper Body 40% and Lower Body 60% or vise versa. That is a whole body.

Since you have an Aide that has to come and help you. This proves you need help with things you can't do without major problems. And that will be consided in your settlement.

Remember if you get a 100% disabled rating, you will not get a lump sum settlemet. You will get a Weekly, Bi-weekly, or Monthly check. And when you pass away, it stops that fast.

Thanks Badboy. I appreciate your comments and I will talk with my lawyer about making sure she adds the fact that I have an aid helping me. Unfortunately for me, the lower extremities are worth 40% of the whole body, but thats ok .

I was also wondering if the fact that I have to use a walker, if that would also be taken into consideration. Do you know how these type of living adjustments get into the formula? By that I mean, the Dr. gave me a % which I believe for a Fusion is 12% for the legs and then 40% of that would be aprx. 5%. Is it the Dr. who should be telling W/C that I have an aide and use a walker etc. or is that the job of my lawyer, to tell W/C that in addition to what the Dr. rated my legs, there are some additional facts to be considered.

Thanks again for your input. BTW, I love your "signature" phrase at the bottom of your posts. You have wonderful prayers for everyday and everyone.

LF

It's my opinion to try and lock in the 40%. Your attorney informs of your living conditions. Some hearing officers add that in for you if going to court to settle. So remember that.

You have been very helpful. Thanks again.
LF