Impairment rating

[Bubba]

How much credibility can be given to a permanent impairment rating given by a wc panel doctor that seems to have not used the AMA guides but their own personal experience? Claim in Tennessee.

[1171]

not much:

"To provide uniformity and fairness for all parties in determining the degree of anatomical impairment sustained by the employee, a physician, chiropractor or medical practitioner who is permitted to give expert testimony in a Tennessee court of law and who has provided medical treatment to an employee or who has examined or evaluated an employee seeking workers' compensation benefits shall utilize the applicable edition of the AMA Guides as established in § 50-6-102 or, in cases not covered by the AMA Guides, an impairment rating by any appropriate method used and accepted by the medical community."
http://www.michie.com/tennessee/lpext.dl...D_50-6-204

[Bad Boy Bad Boy]

I would also highly suggest you file a major complaint right away with your Work Comp / Dept of Labor Boards.

[Bubba]

1171 Wrote:not much:

"To provide uniformity and fairness for all parties in determining the degree of anatomical impairment sustained by the employee, a physician, chiropractor or medical practitioner who is permitted to give expert testimony in a Tennessee court of law and who has provided medical treatment to an employee or who has examined or evaluated an employee seeking workers' compensation benefits shall utilize the applicable edition of the AMA Guides as established in § 50-6-102 or, in cases not covered by the AMA Guides, an impairment rating by any appropriate method used and accepted by the medical community."
http://www.michie.com/tennessee/lpext.dl...D_50-6-204

Thanks for the information. I am going to seek a second opinion on my IR. Also, my first offer came in from the WC carrier. $21,000 with future meds-future meds is required in TN for life. Spec's-per mri impression-At L3/L4, there is bilateral spondylolisthesis with a grade 1 listhesis. At L3/L4, there is mild multifactorial spinal stenosis and moderately severe bi foraminal narrowing. At L4/L5, there is mild multifactorial spinal stenosis and moderately severe bi foraminal narrowing. Received a 5% from WC panel doctor and a multiple of 2 from WC carrier. By the way, my request for accommodation was denied and I have been layed off from my job.

[Bubba]

Bad Boy Bad Boy Wrote:I would also highly suggest you file a major complaint right away with your Work Comp / Dept of Labor Boards.

I have started the process already. I will be requesting a hearing from the dept. of labor and filing to the MIR.

[Bad Boy Bad Boy]

Lets not confuse work comp law with employment law. They are seperate laws. Being laid off work, has nothing to do with work comp.

I have seen in the past without surgery, most get a 5% rating.

[sparkey]

This is one area I think I really messed up my case. I did not have a lawyer and a doctor the IC hired to do my IME did not test me the way that my doctor tested me for 1 1/2 hours using the AMA guidelines. I did not check the background and credibility of this doctor and when I saw his credentials the day of my hearing it did not say ANYWHERE that he was qualified to do AMA guideline ratings. He saw me 10 mins and did not even put the right state he saw me in. He did one hand test without a machine. It was a " pull my hand, push my hand " sort of test. Nothing that measured my strength etc.

I think if I had a lawyer I could of fought this and regret that I did not do it as it cut me from a 32% rating to a 10% by a doctor that was only a sports injury surgeon. I kick myself each time I think of this as I should of checked further into him. Do this before a hearing dispute to have a background check of this doctor first and make sure he is qualified.[/i]

[Bubba]

Bad Boy Bad Boy Wrote:Lets not confuse work comp law with employment law. They are seperate laws. Being laid off work, has nothing to do with work comp.

I have seen in the past without surgery, most get a 5% rating.

In TN, if you are provided accommodation, the multiplier is 1.5 and your same wages. If accommodation is denied by the employer, the multiplier can be 2 to 6. That is a big difference when subjective opinions by the WC carrier is involved.

[Bubba]

sparkey Wrote:This is one area I think I really messed up my case. I did not have a lawyer and a doctor the IC hired to do my IME did not test me the way that my doctor tested me for 1 1/2 hours using the AMA guidelines. I did not check the background and credibility of this doctor and when I saw his credentials the day of my hearing it did not say ANYWHERE that he was qualified to do AMA guideline ratings. He saw me 10 mins and did not even put the right state he saw me in. He did one hand test without a machine. It was a " pull my hand, push my hand " sort of test. Nothing that measured my strength etc.

I think if I had a lawyer I could of fought this and regret that I did not do it as it cut me from a 32% rating to a 10% by a doctor that was only a sports injury surgeon. I kick myself each time I think of this as I should of checked further into him. Do this before a hearing dispute to have a background check of this doctor first and make sure he is qualified.[/i]

Thank you. My WC panel doctor did the same thing. I will check with the WC dept. in Tn.

[stiffnecked]

Did the doc just ignore the AMA guide or did his findings reference it? I'm assuming he placed you in one of the lower DRE catagories? Can you provide any more details on the rating?