My lawyer called today and said work comp has offered 10 weeks of PPD. I was put at MMI yesterday but have no rating yet. Can someone explain this to me.........what this really is and why the lawyer would get to take 1/3 of it????
09-14-2007, 06:38 PM
(This post was last modified: 09-14-2007, 06:40 PM by WCisBS.)
An attorney usually charges a fee and it's generally taken out of the proceeds.
Did you pay your atty up-front or did you make other payment arrangements when you signed up?
PPD = permanent partial disability. Many states pay additional benefits when recovery is incomplete and the worker is left with lifelong restrictions. The amount is computed in weeks of payments at a particular rate with the higher the impairment rating resulting in longer period of payments.
you can read more about Iowa's benefits here
[size=medium][font=Comic Sans MS][i]please include the state where the claim was filed.[/i][/font][/size]
ppd = perm partial disability and depending on what you make you should get about 2K.
Now my question is - does this include industrial disability? or is this just the impairment rating? That's what the IC did to me - sent the impairment rating check to the attorney hoping that I didn't know about the industrial disability rating that they are suppose to take into effect.
And your treating doctor can rate you - which means now you are entitled to an IME of your own - you can ask your attorney for one since you will have the funds to pay for it - or they can take it out of the additional disability funds. I think mine cost around $500
09-14-2007, 07:42 PM
(This post was last modified: 09-14-2007, 07:48 PM by sparkinman354.)
well what i dont understand is........... I have not even been given a rating by my doctor yet. so i really dont know what this ppd is suppose to be for???? is that my settlement???
only if you accept it as it is - and don't go after the industrial disability - your doctor can rate you without telling you what the rating is and just leave your restrictions the same as they were. I have had the IC contact the doctor I was seeing weeks after I have seen them for ratings.
well i have been lead to believe that after i get a rating then we go after a settlement. so what am i not understanding in my pea brain here?????
what you are not understanding is that the doctor may have rated you without telling you and the IC decided to pay you according to the rating based just on the impairment rating alone.
Settlement is different - as in Iowa you have 3 yrs from the date for something or other - and I think it is file. But don't quote me on that as it's 2:30 am here and I am just starting my coffee.
Now if you do a Special Compromised settlement which shows that you have medically satisfied the commissioners standards for proof - then most likely the IC will want to stop all future medical treatment - and they also may ask that you resign from your current position as part of the settlement.
Industrial settlement is different than impairment rating - in that it takes in to account the amount of future job market that will be lost to you.
So sounds like you were rated at 2% body as a whole (10 weeks) Now if I remember correctly - this is your dominate hand right? if so then the rating would be higher than if it was your left hand because of that reason. So then What percentage of the job market are you not able to do because of your age, education, restrictions, etc? This is another thing that the commissioner would take into account. Like with my restrictions - that limits me from about 18% of the current job market - so that is also added to the rating - so I ended up with a rating of 20% industrial rating.
This is where you attorney comes in handy - because now you will need an IME of your own to get a rating done on your hands. Your attorney should have hand specialists that he uses just for this. And yes the 2 rating will differ greatly - so don't be confused about the difference in ratings. If your IME rating is greater than their rating - your attorney can petition that the IC pay for your IME. Part of the law then it is up to the commissioner on whether to grant that or not. Normally if they find your IC rating way to low - then they will grant the petition that the IC pay for the IME rating however, most attorneys past this cost on to their clients and don't ask the courts for this even though it is law.
The main thing you need to do is if you still need treatment now that you are at MMI - is that you still get treatment. If you are still having problems then you let your employer know and you make sure that another accident report is filled out if they refuse to reopen the claim or send you for medical treatment. Some IC will stop medical all at once just because you are at MMI. Your attorney may not like that but if you still need treatment get it don't listen to an attorney that says it's interfering with the settlement process - what you are doing is taking care of eagle. These reports can then be used later on and be submitted to the courts to show that the rating was way to low as you still needed additional treatment.
If you are on pain meds and they won't refill - my PCP was more than happy to give me refills on mine under chronic pain and my health insurance covered the cost of the scripts and I was left with my co-pay. These records will also become part of your settlement file as well. Most doctors know how the WC system and WC doctors operate in Iowa and therefore they are more than willing to go that extra mile for the IW to make sure they still get their meds as long as they are not abusing them. I also got referrals quickly to neuros once they noticed that the problem was neurological and appointments were set up for me while I was in the office or if not they would call me with the appointment.
So this is just a thought if you still need treatment. I know you have been seen by a hand doctor and I thought you said you still needed more surgery but I may have misread and thought it was yours and it could have been someone else's post.
Thanks so much Pooh..........actually I think I am done with surgeries now. I had CTS both hands a cyst removed and 5 trigger finger releases. My hands will never be the same as they still hurt. Doctor also states in his reports that this probably is not a good job fit for me anymore considering all the problems this repetitive work has caused.
Ok now after talking to attorney he said this 10 week ppd i will get regardless if i go back to my job or not and that after my doctor has set a rating then we will go after settlement. All I know is work comp wants out of this as fast as they can!!!
ok thus is dr rating and most likely way to low
well Pooh...........i haven't signed anything or seen any paperwork on this PPD stuff. What's even more weird to me is the fact i saw my doc thursday afternoon and was put at MMI. He said he didn't have a rating for me yet as there was alot of stuff he had to look at. Then yesterday(friday) the comp adjuster and my lawyer came up with this 10 week ppd. Not even 24 hours since I had seen my doctor. Are they just making this 2% thing up?