Help on Pernment or partial disabled

[janet1031]

Can anyone help me understand. My husband first got hurt on job 7/09 a 140 lb walkboard fell off scaffold on him. He ended up with broke left foot. On crutches he had to do light duty. Dr had him do nothing but sitting on construction site, boss had him working. On 3/10, 6 weeks after return to full duty with a bad limp his back went out. wc denied claim, had 1st surgry 5/10 second one 9/10 spinal fusion, left with nerve damage and drop foot. 6 months rehab to walk. labor board said it is a work injury. got ttd payment for 2 months now they are deciding when and if he could of work between surgries. His dr said he can not do construction and he don't think their is any thing he can do. He gave him a 12% I think this is low. He had a FCE so it would help dr set restrictions. Fce said he can only lift 4 lbs on regular basis, sit 30 minute then move, stand 10 then sit, very limited walking and no stairs at all. It also stated he had very stiff back no vertebra flexing or something like that.There is no job, that he can do. Do you think this qualify him as totally disable 100%? He won at labor board future medical, and that it is a work injury. It happened in tennessee can any one tell me anything. Also he is 53 and always did construction, he don't know how to anything else

[jayne]

sounds really low...does he have a lawyer?he may wanna try for SSDI but for sure try and talk to a lawyer

[janet1031]

(08-25-2011 05:36 PM)jayne Wrote:  sounds really low...does he have a lawyer?he may wanna try for SSDI but for sure try and talk to a lawyer

yes, he has a lawyer and he is filing for ssdi, they denied him and he filed a apeal, they said their should be some kind of sit down job he can do.
with his fce do you think he would be 100% disabled

[jayne]

nobody gets 100 % unless your dead doesnt mean he cant get SSDI many get turned down twice before getting their SSDI dont give up...is his lawyer helping him get his SSDI?

[AQA]

A FCE does not determine disability status or impairment ratings.

As far as impairment ratings go. A FCE is only a part of the equation.

[janet1031]

(08-25-2011 11:17 PM)AQA Wrote:  A FCE does not determine disability status or impairment ratings.

As far as impairment ratings go. A FCE is only a part of the equation.

Do you know what a FCE is for? and how do they get the rating, his dr gave him a 10% after 1st surgry and changed it to 12% after 2nd when he did the fusion he was in surgry like 6 hrs, he ended up with nero damage and a drop right foot. the dr said the 12% is what the ama guides said. Should he seek a 2nd opinion on that.
thanks I don't mean to sound dumb I just don't know alot about this stuff. And it looks like we are finally going somewhere, he has come kind of hearing coming up.

[LeglEgl]

Every situation is different in terms of disability rating (body part or whole body). It's literally impossible to determine with any accuracy what to expect from the medical professionals in that regard. The American Medical Association "Guides to the Evaluation of Permanent Impairment - 5th Edition", is currently the resource used by IME's etc to determine this rating.

An FCE is a functional capacity evaluation. It is generally conducted by a licensed physical therapist / consultant. Typically, these take a few hours to conduct, although the complexity and duration of these can vary quite widely. I've always seen the FCE as a double-edged sword, and very subjective. Depending upon how the PT reads the results and records them, it can show that the IW is either nowhere near as injured as claimed, or that he can't even perform sedentary work.

The IW is subjected to a variety of physical and mental tests to determine physical and emotional/mental limitations or capabilities. Simply put, it's an overall assessment of what the IW is able to do, concerning a wide range of abilities. Just about any type of body movement that one can do will be tested for range, endurance, and strength. This is a whole body evaluation, not just an evaluation of the injured part of the body.

In short, the FCE will determine what if any, and what type of work the IW should be able to do, if at all.

[1171]

(08-26-2011 01:26 PM)janet1031 Wrote:  Do you know what a FCE is for? and how do they get the rating, his dr gave him a 10% after 1st surgry and changed it to 12% after 2nd when he did the fusion he was in surgry like 6 hrs, he ended up with nero damage and a drop right foot. the dr said the 12% is what the ama guides said. Should he seek a 2nd opinion on that.
thanks I don't mean to sound dumb I just don't know alot about this stuff. And it looks like we are finally going somewhere, he has come kind of hearing coming up.

an FCE performs the same function as an Xray or blood test or a number of other medical studies.
it helps support the physician's opinion but is not a substitute for it.
each state uses their own rating criteria. the AMA has published 6 different editions of their commonly used rating guidelines. without knowing your state I can't say which edition your state uses.
the criteria are designed so a different physician using your state's AMA guide will come up with a very similar rating.
while it's possible another physician will come up with another number, it will very likely be within 2 or 3% -either lower or higher of your husband's current one.

depending on your state, other factors may play a roll in addition disability benefits. some states use wage loss data instead of impairment. others use a combination of the two.
ratings and residule benefit calculations are often complex and best left to an experienced work comp professional familiar with your state's rules.
without knowing your state I can't provide more specific information.

[LeglEgl]

Thanks, 1171, I should have pointed out that there are very few States who have finally adopted the 6th Edition of the AMA Guides, but your State may be one.

[1171]

(08-26-2011 04:47 PM)LeglEgl Wrote:  Thanks, 1171, I should have pointed out that there are very few States who have finally adopted the 6th Edition of the AMA Guides, but your State may be one.

unfortunately ratings and settlement values are what many posters are interested in and yet are the least understood, most difficult to explain, and impossible to calculate on a message board.

complexity leads to full employment for lawyers.
there is no move to simplify the process.