Permanent Partial Disability Award?

[117len]

Hello everyone, I was injured in Hawaii on 3-18-04 while working as a construction labor on the TV show “Lost” (Pilot Episode only). I was helping someone carry something and my mcl/right knee got damaged. I’m nearing my “maximum medical recovery date”/ treatment plateau in each person’s healing process, is it true that since my employer had worker’s comp insurance and that they have the no fault clause, that my Permanent Partial Disability award will only be like 1000.00? For all the pain and suffering, treatments that failed, and red tape, I would expect a tad more then that.

[Bad Boy Bad Boy]

Welcome to the Board.

There is no Pain and Suffering in the Work Comp System. In an Auto accident there is. These are 2 different Laws and Rules though.

A knee injury might bring as much as $10,000.00 at times. But then that also all depends on ones case as it stands. Each case is different from the next. So there really is no way of telling someone what their claim can be worth.

[1171]

Hawaii like many other states pays disability benefits based on your whole person impairment rating. The greater your rating the longer the payments are made.

Workers comp injuries are not covered by civil law and based on liability issues but paid according to a schedule in the state's labor code.
You can find out more here (including where to go for detailed information)
http://hawaii.gov/labor/dcd/index.shtml

[117len]

Who gives the ratings, my orthopedic surgeon or the insurance companies independent medical examiner. I read on that hawaii.gov/labor site that Hawaii only offers one Permanent Partial Disability award. Which is different from other states like North Carolina which offer employees not one TPD, but many that are equal to two-thirds (2/3) of the difference between his current post-injury wages and that persons pre-injury wages. I think what your talking about is for Permanent Total Disability.

Wow that link was helpful, I got some reading to do, really appreciate your help, Len.

[1171]

any qualified doctor can apply the guidelines and come up with a rating.
any rating less then 100% is permanent partial.

be well

[117len]

I just wanted to correct what I said earlier, Hawaii does offer Temporary Partial Disability Compensation it was just in the fine print on some other far away link. Plus I'm still kind of learning about all these rules and schedules.

[sparkey]

I was curious as today my occupational doctor said he would do the MMI. They did not set up any appt. for it, and i was wondering if he can do it from his notes and records from all the doctor visits with the pain clinic, PT and OT? Plus when he comes up with one if he does without me having to be there again, will the i/c just send me the award or do i have to go to court? I have no lawyer and do not need one at this point. Things thank god are going smoothly.

[117len]

The director of your hearing would most likely be the judge if the reference or guide from your occupational doctor is proper to use. In Hawaii if it’s issued by the American Medical Association or the American Academy of Orthopedic Surgeons, those MMI’s can always be used. I’m pretty much at your stage in the process. I’m right about to get an MMI. I scheduled a court hearing with the Department of Labor about a week ago in regards to compensation and just got a lawyer yesterday. I would get a lawyer to deal with the insurance company and for when you settle with them if you go to court. I did have to go to court twice and win, see about 5 different doctors, go to therapy for year, and get an MRI to get enough paperwork that a lawyer would take my case though.