03-08-2008, 11:34 PM
(This post was last modified: 03-09-2008, 01:47 PM by ottonord.)
A scheduled loss of use and a permanent partial disability classification? My lawyer is sending my doctor a form to classify which one.
I looked it up and I will paste what I found. I hope it helps:
"There are two types of permanent partial disability compensation methods available (scheduled and non-scheduled):
If the employee has suffered a "scheduled" injury, in other words, one of the specified injuries in the LHWCA, then that employee is compensated a set number of weeks of compensation for the total loss of use of the particular member or portion of the body that is involved under the schedule. The partial loss or loss of use of the member is calculated on a proportional number of weeks for compensation to be awarded. In other words, if the claimant has a 10 percent permanent partial disability to an arm, and the total loss of use of the arm is worth 312 weeks of compensation for total loss or total loss of use, the injured claimant would be entitled to 31.2 weeks of compensation. The compensation for partial loss of use of a scheduled member is based on medical evidence in evaluation.
If the type of injury is a "non-scheduled" injury, the compensation is limited to 66 2/3 of the employee's wage earning capacity loss as measured by the difference between the employee's average weekly wage and the employee's wage earning capacity after the injury in the same or other employment. Types of non-scheduled injuries are shoulder injuries, neck injuries, or back injuries."
Hope this helps.
So how would each one affect me financially. Do you get more money with Scheduled or Unscheduled? I think I plan on closing my medical since I've already had the surgery anyway.
03-09-2008, 02:52 PM
(This post was last modified: 03-09-2008, 02:53 PM by tweety00.)
their is not alot of "money" either way....if you are brought back to 100% good there is NO money only if you have a permanant disability...and the Docs and lawyers will work that out....you are along for the ride and just get to watch,hurt and sign where you are told to....some states do not allow you to close medical and you may not want to as very few IC will pick up a WC injury after the fact so if you sign off and something goes wrong YOU will bear the cost to fix it.so be very very careful even after the surgeries things can go south....I am now dealing with scar tissue (surgery was almost 2 years ago)....and find it hard to swallow from a cervical fusion....so be sure you know what you are signing away....Limbo is having problems walking from a lower back fusion (again scar tissue)so its not a choice to make lightly......
........I love cats, I just cant eat a whole one by myself......
Lilly is having problems with scar tissue too after 3 shoulder surgeries. You need to ask your treating MD what your chances are for more future surgeries, and chances of scar tissue issues, or any unforseen problems down the road. Be leary about closing the medical.
Take care, Lilly
Injured worker, & tired of it all! I'm too old for games!!
A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
That is true. Most states do not let you close medical. I know here in NH it is left open. I am right now in the middle of my permanent impairment award after i go for my wonderful IME the beginning of April.
You would be foolish to close medical even if you were able to, as if something was to happen like the rest have said, that would come out of your own pocket as it would be an existing injury and your insurance co. may not pay for it. We are not talking small money here for surgery. Some can run you into thousands of dollars.
Think seriously before you sign on the dotted line. Think of the future of your injury. PS. what was your injury if we may ask?
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
I know the thinking behind closing the medical because you seem fine now. I just want to add that 2 1/2 yrs. ago I had my fusion. Today I see a Neurologist, urologist, GI, PM Dr. and a Nerosurgeon. Becasue of scar tissue and permanent nerve damage, I have a very difficult time walking, I can't stand in one spot, I can't contol my bladder and my bowels are a mess. Who would have thought that when I went in for a procedure using 1 Dr. would lead me to using 5 Dr.s years later. The year after the surgery went fine. My surgery healed well and my spine had the perfect amount of a curve. I would never have guessed that I would be where I am today.
I know and understand what you are thinking and I'd guess many would have thoght about this question to keep or close their medical, at one point or another. I just don't want to see you have to pay out of pocket later. (I have been told, but don't know for sure, that even after W/C ends your case, your regular insurance company may not treat any new symptoms that would be connected to this injury.)
Best of luck and keep us posted.
I will throw this in. I had a procedure done in dec. of last year. My date of injury is august 05. This last procedure cost 95,000.00. The hospital sent me a copy of the bill by mistake. My injury was to the spine.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system.
My injurys are tendonitis and tennis elbow of both arms. I have been out of work for 2 years (while receiving workers comp), and I have had both arms operated on.
I was a Temporary Partial disability during most of my 2 years off of work. I was Temporary Total for about 4 weeks (during surgery time) and now I am Permanent Partial, and have been for about 2 months.
At my next visit my doctor is going to assess the percentage of loss.
I am wondering if he will be assessing a scheduled loss or an unscheduled loss since I have a permanency of permanent partial. Does anyone know?
I am back to work now part time doing a completely different job than before. I don't want to go back to typing 70wpm day in and day out because this is what got me into trouble in the first place.
I want to get the most money possible from WC because I will never be able to make the same amount of money I used to make at my former job which is why I am asking all these questions. If they deduct everything I have received so far (since I have been receiving workers comp checks for two years) I will be left with nothing.
So, hence my question about section 32...I figure if I close my medical I might possibly get some money where if I go the other way I will not.