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Work Injury Settlement
12-20-2008, 06:11 PM,
#1
Work Injury Settlement
In o7 i had a operation on my neck. I had a disk removed and a bolt put in.
Now I am fully healed. But i have a 25% Partail Permanant Impairment rateing on me
Does any one no what kind of money im looking at on my settlement with my Employer?
rockin east Tennessee, USA
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12-20-2008, 07:38 PM,
#2
RE: Work Injury Settlement
each case is different.
"There are many variables in the computation of a rating but the percentage will be based on standard criteria used by all physicians to determine the percentage of impairment retained. A Workers' Compensation Specialist can assist in figuring an appropriate range of settlement for vocational disability, however, the Specialist will need to know the exact wording the doctor used when giving the rating, percentage of Impairment the treating physician assigned, which body part was injured, and Employee's weekly compensation rate."
http://www.state.tn.us/labor-wfd/wcfaq.html
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12-30-2008, 06:06 PM,
#3
RE: Work Injury Settlement
rock130 Wrote:In o7 i had a operation on my neck. I had a disk removed and a bolt put in.
Now I am fully healed. But i have a 25% Partail Permanant Impairment rateing on me
Does any one no what kind of money im looking at on my settlement with my Employer?
rockin east Tennessee, USA
Reply
12-31-2008, 04:49 AM,
#4
RE: Work Injury Settlement
My treating physician gave me a 32% impairment rating. It went through the IC and they sent me to their doctor for a IME because they did not agree and thought it was to high. I would not be surprised if they sent you to one of their doctors to be evaluated and to try and lower your rating.

One mistake I made was to not get the credentials of the doctor they sent me to so that I could present that to the labor board when a hearing was called due to the big difference in ratings. Not one area on the 6 full page document said this doctor was qualified to do AMA guideline evaluations. He was a ortho surgeon who specialised in sport injuries. They found him more credible than my Occ. doctor that does AMA guidelines everyday.

Just be prepared for the IC to get you to go to their doctor whom they pay very well to lower your rating and possibly take away your medication payments if you have any. This does not always happen but can be expected. Some IME doctors agree with IW's ratings. I went from a 32% to a 10% rating which the court found their doctor more credible. He saw me all but 10 mins. and did one test with my hand as opposed to my doctor testing me for 1 1/2 hours with many instruments for strength etc. This is where I feel the system is WRONG. How can a doctor that has no idea of you and your treatments be able to be more credible and also be paid well to go against your rating? Does not make sense to me but happens often.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
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01-08-2009, 12:21 PM,
#5
RE: Work Injury Settlement
I am having the same problem in CA - my real MD rated me a 30% whole body impairment and the QME, whom I saw for 21 mins, rated me an 11% whole body impairment. How do I fight this? Does my actual employer have any say? What if I refuse to accept the 11%?
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01-09-2009, 11:22 AM,
#6
RE: Work Injury Settlement
Anyone, living in California, receive a settlement for Carpal Tunnel Syndrome. I have bi-lateral CTS and have had surgery on both hands. Also, had surgery on one thumb for trigger finger. I had physical therapy on one hand, getting ready to have it on other hand. Will possibly need more surgery on little finger that now has trigger finger. Also, had extensive physical therapy for tendonitis in elbow. I am just curious as to what kind of settlement I may be looking at. I know it isn't what it used to be before the Governor allowed the insurance companies to regulate their own cap. Since I lost my job through this whole ordeal, I am looking at my options.
I welcome any feedback. Thanks.
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01-18-2009, 11:51 PM,
#7
RE: Work Injury Settlement
I'm in Texas but I am going though the samething I had by surgery in 1999 so the trigger finger in my thumb and tendonitis in my elbow is slowly getting worse. I don't know if we will be compensated. I will keep you upto date.
Neddie!!!!!!!!!!
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01-19-2009, 11:05 AM,
#8
RE: Work Injury Settlement
Backache,

My employer the whole case never had any say that I know of in my injury case. That is why they hire a lawyer from their insurance co. They are the ones that get involved in the settlements, treatments etc. I am sure my employer knows what they are giving me and what is going on with my case though.

If you disagree with your rating you can always appeal it. At least that is how it is here in NH. I did not have a lawyer and was told from the labor board to do so if I wanted to fight it. I only had the recurring carpal tunnel/neuropathy that was permanent. You have other things going on from what I read from your posts. Do you have a lawyer? If so, you may want the lawyer to set you up to have a IME through one of his/her chosing. I had a note from my PM doctor and a note from the origional doctor disputing the rating from the IME of the IC. It did me no good. They also mentioned how I needed cymbalta and pain meds and the WC labor board agreed with the IME doctor that I needed nothing more than an anti-inflammatory medication instead. They stopped paying for the cymbalta because it was written as anti-depressant instead of to control nerve pain.

It may be a tough fight to change the 11% but if you are willing to drag this on, I say go for it. Money was not my concern. It was the treatments that I still get that mattered to me most. The 7,500.00 is still sitting in the bank from the 10% settlement in case I need it for my injury if a test is not approved and so on.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
Reply
01-21-2009, 01:43 PM,
#9
RE: Work Injury Settlement
Sparkey

Thanks for your advice - I did send in an objection to the QME rating. I spoke with the WC information officer for my area in CA and she said that anything over 10% difference is a large descrepancy and should be questioned. She also said that your treating MD will always rate you higher but that usually the ratings are 10% or less difference and that normally then the WC adjuster will negotiate so that everyone is happy to settle the case. My adjuster said that she never negotiates and that my treating MD rated me way to high. I went to my employer and we had a 3 way. I was willing to setttle for 20% and future medical, but again she would not budge. Instead she will be sending the QME a copy of my treating MD's report along with my complete medical chart for him to review and do an updated report which may or may not rate me higher. She is also asking that my treating MD read the QME's report and re-review my medical records and MRI results and update her report. She said that this could make the case drag on for another 6 months or so. After 5 years I am ok with another 6 months. I really feel that 11% is just too low of a rating considering the fact that my life has been altered forever and I am only 43.
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04-21-2009, 03:52 PM,
#10
RE: Work Injury Settlement
I live in California and my injury was from 1999. I have bi-lateral carpal tunnel, bi-lateral cubital tunnel, 3 bulging discs and loss of strength and dexterity to both of my arms and hands. I am in continuous pain. My right hand is totally numb, left hand has a spot on my palm that is super painful to the touch, sharp pains in my forarms and elbow, neck pain, shoulder pain. Just totally a mess. I have had right and left carpal tunnel release and left cubital tunnel release. In 2003 I was declared 50% total disability. I know that now in 2009 I am way worse. They offered me a cash settlement and then they wanted to give me an addition $2000.00 to cancel out lifetime medical. I took the settlement but opted for the lifetime medical. My perscriptions run about $300.00 a month plus my Dr visits. The changes the government made in California have totally screwed the worker. The WC carrier has continually denied nerve tests, physical therapy and other surgeries my Dr has perscribed and now with the way the ACOEM is set up they can keep denying my care (Denied by a case worker). I thinks it is ridiculous. I recently got 2 denial letters on the same day one was for a nerve conduction study and they said "pain in and elbow NCS not warranted" then the other was for cubital release and it said " no recent nerve conduction study to verify reason for surgery" So now they are allowed to look at my Dr's reports and tell him there is nothing wrong. Just so frustrating. I have a lawyer and have been trying to contact him for the last 5 months. They are swamped and I cant get thru. I was able to talk to someone 3 months ago they sent a demand to the insurance carrier and the denials continue. Still work 40 hrs a week doing the same job.
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