AZ settlement: no other options????

[cnaz]

We are about 26 months post injury and IME was partially completed. I say partially completed because they did not assess all injuries, they either simply deferred to another specialist ( back and leg injury) or deferred to the nueropsych who had completed a full eval ( brain trauma / PTSD), they really only assessed 1 injury ( Brachial plexis injury affecting R arm/hand).

They did determine him to hav a 61% permanent impairment / 100% disability to return to previous job based on only the upper extermity eval.

While they deferred to the nueropsych at the same time they denied that the memory problems, balance probs and episodic loss of conciousness) could be directly attributed to injury because MRI / EEG did not show specific damage.

They reccomended a surgery consult for a possible surgery which may be able to improve function although not repair actual injury. I'm not sure how this impacts MMI status.

According to the NCM the reccomendation has been made that he is at MMI and should be moved to supportive care ( on-going pain mgmt, nuerology and counseling)

According to the NCM and adjuster his only option for "settlement" is the supportive care and continued TTD ( temporary total disability) wage compensation.

The cap for temp wage compensation in AZ is ridiciously low ( 66% of $2400 or just over $1500 per month).

Does this make sense to anyone?? It makes no sense to me that there would be no options for a lump sum or adjusted wage compensation once the case is "settled"

Any thoughts or comments?

[jayne]

I am not up on AZ options but once TTD was finished I was at MMI I got PPD which is permanant partial dis......I did get mine in a lump sum and signed away my medical...but with his problems I wouldnt sign anything on the medical but keep it for life.....my PPD was the same as TTD only for a % of weeks if he is totaled out as 100% they may just pay PPD..do you have a lawyer or someone up on your states regs that can explain this to you?

[1171]

sounds right.
most states pay 2/3 (of gross not net)
more here
http://www.ica.state.az.us/
"no fault" workers comp is not comparable to negligence and civil liability.

[stiffnecked]

It sounds right but I'd get in touch with an attorney. There may be benefits that they sweet NCM isn't telling you about. When your dealing with permanent disability issues it's best to get good competent legal advice.

[Bad Boy Bad Boy]

This is correct as it applies to the 100% disability.