Impairment rating system Louisiana WC

[freebird]

I read about impairment rating's all the time.
I have never been giving a impairment rating.
I have been through mediation and a settlement was reached without the word impairment rating ever used. My settlement has been signed but the MSA contingency has it "on hold" since last May.

Does Louisiana used a Impairment rating system when dealing with WC settlements?

My Idemity portion of my settlement amount was "negotiaited" over a 9 hour period. The IC would make a offer and we would counter; Heck, we even broke for lunch during the mediation. LOL

Any website info. on Impairment Ratings or settlement procedures in Louisiana WC System?



.

[1171]

http://www.legis.state.la.us/lss/lss.asp?doc=83447
Louisianna uses the AMA 6th edition.
they may allow a negotiated amount to supercede a rating.

[Bad Boy Bad Boy]

A rating on which areas and body parts please....

Some areas of the US use the 60% to 40% rule when it comes to the spine also. This would be a whole person rating instead of just a single area of the body.

[inpainokla]

1171 do you know if oklahoma uses the 6th edition?

and badboy does that rule appy to oklahoma as well?

[1171]

per Oklahoma comp law:
An examining physician must rely on the edition of the Guides in effect on the date of a claimant's injury:

Effective Dates of Each Edition of AMA Guides
.
Edition...........From................... Through

6th...............Dec, 2007...................present
5th .............June 28, 2001 ....... Dec, 2007
4th ..........November 1, 1993..... June 27, 2001
3rd Rev..... May 1, 1991............ October 31, 1993
3rd ...........January 1, 1989 .......April 30, 1991
2nd ..........November 1, 1984 .....December 31, 1988
1st ...........July 1, 1978 ............October 31,1984
OML1 Inception June 30,1978

[freebird]

[quote=Bad Boy Bad Boy]
A rating on which areas and body parts please....

Mid back Injury; T12 Corpectomy with Titanium Cage and Bone fusion from T11 - LI. 18 Inch scar wrapped around my left hand side due to anterior approach.

Some areas of the US use the 60% to 40% rule when it comes to the spine also. This would be a whole person rating instead of just a single area of the body.

My Question was does/can/ Louisiana use Impairment ratings when settling and if this info. was on the Internet anywhere.

Please reread my 1st post.....
Thanks

[Still in Limbo]

Freebird, I remember from You Speaking of Your MSA Problems of the Past, if I Remember Correctly, They Presented You with a Figure and You Turned it Down. I Remember Your Reasoning that You wanted to Protect Medicare, and Yourself for the Future. If Medicare had Agreed to the Set-Aside Amount, and You Turned it down, They May be doing Nothing as far as Your Settlement, and it May Be Off the Board. If Medicare didn't Approve the Set-Aside You May have Leverage for Your Attorney to Argue!! Good Luck, and I Hope All Goes Well!!

[freebird]

Still in Limbo Wrote:Freebird, I remember from You Speaking of Your MSA Problems of the Past, if I Remember Correctly, They Presented You with a Figure and You Turned it Down. I Remember Your Reasoning that You wanted to Protect Medicare, and Yourself for the Future. If Medicare had Agreed to the Set-Aside Amount, and You Turned it down, They May be doing Nothing as far as Your Settlement, and it May Be Off the Board. If Medicare didn't Approve the Set-Aside You May have Leverage for Your Attorney to Argue!! Good Luck, and I Hope All Goes Well!!

The IC will not submit a 2nd MSA proposal for my Attorney to look at. The 1st MSA proposal left out obvious things for a 30 year projected MSA. One being they had me only going to PM 6 times a year instead of 12. I go every month because of schedule 2 narcotics and that is not a choice. That is a lot of money over a 30 year proposal.
The IC also tried to change my mediciene projection. For instance, take me off Lyrica and put me on a generic Neurotin which also is a lot of money over a 30 year proposal.
This is 2 examples; there were 5 major areas of Question.

Why should I or my Attorney allow the opposing IC to try and "sneak" a low figure by Medicare for Approval? It would cost the taxpayers and myself much more over the long haul.

All we ask for was a 2nd MSA proposal based on 3 year statistics. The IC Refuses to submit a 2nd one. My Attorney even ask for a "Guarantee" from the IC after Medicare approved the MSA. They would not agree to this either. Hence, 9 months into the stall over a MSA.
Remember, my MSA never made it to Medicare. My contigency was that ALL PARTIES agree on the MSA proposal before it is sent to CMS for there possible approval.

It is WRONG for the IC to intentionally try and "sneak" a low MSA proposal by CMS but they accomplish this all the time.

I still receive all my benefits as this was part of the contingency clause also.

Back to topic. Are Impairment ratings used in Louisiana to settle in a WC Case? A impairment rating was never discussed in my settlement; We negotiated the Idemity part by going back and forth over money figures.

[Bad Boy Bad Boy]

Louisiana, Medicare Set-Aside enforced.

http://www.lwcc.com/article_detail.cfm?aid=287&sid=2

As for the rating goes, all I have read was paid claim by Body Part. In only my Opinion, I do think the Spine comes in differently though. Such as Example 60% Lower Body as a whole, or 40% Upper Body as whole. Or which ever way that swings.

[Still in Limbo]

I've Had Mediation Settlement Conferences without any IRE or Voc. Rehab. Study. Negotiations can be Tried at Any Time I Believe, and if Both Sides Agree, the Additional Testing is not Needed. I Discussed Your Set-Aside because You Mentioned it was and has been the Hold-Up for 9 Months. Sorry if I went Off Topic, I was just trying to Remember Your Situation Correctly!!