Confusion re. the wording on my MMI paperwork.

[lfoster21]

Hi guys, I am looking for your all's insight on this question. It basically is the definitions between "Permanent Total Disability" and "Permanent Partial Disability". Here's the situation: My surgeon saw me for my MMI appnt. and said that he was going to be rating both of my legs at the highest ratings that he could possibly give me, from the AMA guide, and as for the work release went, he was going to say that I was not allowed to work any more. However, When we got the paperwork a month later, the paperwork said that he gave me my high rating but as for the work release, I was put at "Permanent Partial". Between my lawyer, myself, and my nurse case worker, we have all been talking about this and we all have different oppinions on how the terms are interpreted. I interpreted "P.Partial" as saying that I am am not able to fully work...but could partially work somewhere.

I'd love to know your thoughts on the different definitions? I am curious if my Surgeon had perhaps just forgotten my specific case, since he had forgotten to write the letter in the 1st place and my ncm had to send him 3 letters reminding him that she really needed the letter ASAP. So, maybe he forgot that we had talked about not being abot to work...or maybe his definition of P. Partial is not what I think it is. I just want to make sure the Jujge isn't going to think that I am going to be able to get oput there and begin working with this wording. That would be interesting, hmmmm.

Thanks,
LF

[Lilly]

Hi Foster.

Hmmmmmm....possibly you should call the office and see if you can talk to the doctor...it sounds to me like he forgot what he told you too. He may have even changed his mind, but either way, I think it should be explained to you.
To me PPD (same as what i am) means that you are able to work, but have lifetime restrictions....and would have to find a job that fits within those restrictions.
If I remember correctly, you have many serious problems.
Good Luck and take care! Lilly

[1171]

how words and phrases are used in ratings are only meaningful if you state comp system allows them to be. some systems require the AMA rating others also allow work restrictions to be determinative of benefits. It depends on how the states comp laws are worded and how case law has developed. Generically permanent partial disability is anything less then total disability ( inability to work in any occupation ever.)

[Still in Limbo]

Hi lfoster!! I have Forgotten the State You are in, but in Pa. the 2 Terms Mean a Lot!! If You are TD, (Totally Disabled), or TTD, (Total Temporary Disability), You are Paid by w/c until they Either Settle, or You Die! (TTD also in Pa. Means they haven't found You at MMI Yet, and haven't decided on whether You are TD or Not). Now TPD, Temporary Partial Disability, starts a 500 Week Clock from the Date of the Dr.'s Report, and After the 500 Weeks, other than any Medical Care for the Original Accepted Injury, or any Complications, They are done Paying You, and You are on Your Own Money Wise!! So Please Check into this, My Dr. and the w/c Judge has Me at TD, but w/c is still Paying Me at TTD, for almost 5 Years Now! Best of Luck, and let Us know what You Find Out!!

[lfoster21]

Lily-Thank-yes, I have written a note to my Dr. asking him which he actually meant and if he had rememebered that I use a walker and am only capable of keeping up with 10 hrs. of work. I'll see what he says when he writes back.

Limbo-I'm in Va and I'm past my MMI point. I'M in the Permanent partial disability group. Now whether that means that I can work or not, I don't know. I guess I will be finding out soon enough .

1171-Thanks for your words of wisdom...You're always ful of them! When you said, "Generically permanent partial disability is anything less then total disability ( inability to work in any occupation ever.)" Were you saying that the two types of disability are about equal, when it comes to the person having an inability to work? Also, any chance that you might know which language that the state of VA requires/uses (AMA guide or does it allow work restrictions etc.)

[1171]

Virginia comp law does not specify the use of any particular guides. I suspect if you are "permanent partial" then the doctor means your disability is less then total.
Actually Virginia refers to permanent total as total incapacity to work which sounds even more stringent. I suspect permanent partial is something less then that.
you might get a better idea for the comp law sections
http://leg1.state.va.us/cgi-bin/legp504....0000000000
you can also search some judicial opinions/case law for the terms and see how the virgina courts are interpreting it
http://www.vwc.state.va.us/cgi-bin/GetSearchParms.cgi

[lfoster21]

Thanks!

[Bad Boy Bad Boy]

I don't think it's confusing at all. I even went over some Court records, and my thinking was the same as the court reports.

(1) Permanent partial disability means % loss of use of such members (body part /s)

(2) Permanent Total Disability would mean the member (body part /s) are a total disabilty with a 100% rating to that member (body part /s)

(3) When the term Temporary Partial Disabilty or Temporary Total Disabilty is used, is mostly from time of accident (injury) till the time placed at MMI

Now your issue is, given you have a Rating or Ratings, the percentage number is what makes the whole difference. For only a 100 % Rating would then mean Permanent Total Disability. Any other % Rating then would mean Permanent Partial Disability.

In any reference to these type Ratings, doesn't mean a person can or can not work. Being said, a Voc Rehab Specialist should be brought in, they talk with you treating doctors, surgeon, and IME's. And try to see if you are able, capable, of performing some type of reasonable employment. If then all parties agree that the person is or isn't employable, and such report is sent to your State WORKERS COMPENSATION COMMISSION.

If it is then said the person is employable, that person must show proff to the COMMISSION their attempts to find employment, and at what range scale of pay being sought out. Then the settlement is based on what the person used to make, to what they proposed to seaking employment at, and then the Ratings are used to base that scale of pay difference amount to the number of payable weeks set by the COMMISSION.