+- Workers' Compensation Discussion Forums (http://www.workerscompensation.com/forums/general)
+-- Forum: Category (/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (/forumdisplay.php?fid=4)
+--- Thread: determing percentage of disability (/showthread.php?tid=12865)
determing percentage of disability - norma - 10-10-2011 06:32 PM
my workers comp claim was made in the state of new york. i was hoping someone could please help me out here. i went to ime doctor for permancy he said i have a 50% disability and my md is saying i have a 60% disability, i have been out on w/c for 2.5 years now and receiving tpd for a back and knee injury. before i got hurt i was making 1214.00 a week. what i would like to know is how does the judge determine percentage of disability, and does the insurance company usually offers a settlement at the permancy hearing, and how much of a settlement offer should i expect.
RE: determing percentage of disability - 1171 - 10-10-2011 06:48 PM
generally the judge looks at all the evidence and medical opinions and bases their decision on the most credible and persuasive.
each judge has his own standards.
each carrier is different; they may make an offer before the hearing but not usually afterwards.
ratings and disability are complex and there are a number of variables that makes settlement values difficult to predict.
RE: determing percentage of disability - jayne - 10-11-2011 12:28 PM
if your IME is saying 50 and your DR is saying 60 they are very close so there wont be much of an argument...Do you have a lawyer?If so that is who will be able to answer your question if not this may be the time to start looking for one who can quide you thru this last bit of WC good luck in finding you the right one...interview several before you pick out the one that will help you thru the rest of this process