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Interesting info regarding Impairment versus disability
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01-16-2011, 03:09 PM
Post: #1
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Interesting info regarding Impairment versus disability
Many practitioners confuse the terms impairment and disability. Disability refers to an individual's inability to complete a task or a duty. Disability is an alteration of the individual's capacity to meet personal, social, or occupational demands or statutory or regulatory requirements because of an impairment. Disability arises from a discrepancy between the limitations an impairment places on an individual and the external tasks that must be performed (eg, tasks in an occupational setting).
Impairment, however, is an artificial construct—usually one the legal system creates—to attempt to quantify the person's diminution in health. According to the fourth edition of the AMA Guides, "An impairment is a deviation from normal in a body part or organ system and its functioning." However, normal is a vague term that varies greatly depending on many factors, such as age and sex. Normal is not a fine point or an absolute reference in terms of physical and mental functioning or good health. Most often, normality is a range or a zone, as it is with vision and hearing. Many state disability systems adopt an impairment guide or schedule for calculating damages. For example, Florida has adopted the Florida Uniform Permanent Impairment Rating Schedule (FUPIRS). This schedule is loosely modeled after the AMA Guides and purports to give impairment ratings based on various injuries or illnesses. As a practical example, an individual may have minor impairment and still be considered totally disabled. For instance, an uneducated bricklayer may have 5% impairment due to lumbar strain. His physical restrictions may make it impossible for him to continue working in his field, and if he does not have the education to be retrained, he is effectively unable to return to work. Therefore, the extent of his impairment may be only 5%, but he is l00% disabled in terms of employment. In another example, a noted author and lecturer may have sustained a catastrophic injury causing thoracolumbar paraplegia. His impairment rating may be 70% according to the AMA Guides. However, because he can continue his work with little to no interruption, he may be considered to have no vocational disability. In summary, the impairment rating alone, without a consideration of the extent of disability and loss of function, does not provide a complete picture of the effect of illness or injury on a particular individual. Click on Link for further info: http://emedicine.medscape.com/article/314420-overview |
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01-16-2011, 03:37 PM
(This post was last modified: 01-16-2011 03:41 PM by 1171.)
Post: #2
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RE: Interesting info regarding Impairment versus disability
yes, that theme has been repeated many times in comp literature.
that is why the AMA and ODG and others limit their rating guidelines to impairment only. the conversion of impairment to disability is left up to each state legislature and it's work comp system. there are only a few systems that rate impairment but many that award permanent disability benefits. In most systems doctors are limited to their opinion about impairment. it's up to the work comp system to decide the level of disability. Impairment ratings and disability ratings are different scores. |
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01-16-2011, 10:49 PM
Post: #3
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RE: Interesting info regarding Impairment versus disability
In Ohio you are given an impairment rateing
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009. SSDI approved 3-2010. NOW OFFICIALY RETIRED |
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01-16-2011, 10:57 PM
Post: #4
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RE: Interesting info regarding Impairment versus disability
In Okla your given the shaft
;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....
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01-18-2011, 03:10 PM
Post: #5
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RE: Interesting info regarding Impairment versus disability
(01-16-2011 10:57 PM)jayne Wrote: In Okla your given the shaft I love this.....I think you are in most states - Federal Injuries are where your given the red carpet California |
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