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11% Impairment Rating - IOWA - Printable Version

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11% Impairment Rating - IOWA - Rebos - 04-29-2015

My attorney received a letter from the Insurance Companies Doctor who stated that based on the 5th Edition AMA my impairment would be DRE Lumbar Category III due to my persistent radiculopathy consistent with my lumbar MRI findings. He said the quoted range for permanent impairment Category III is 10%-13% and he placed me at 11% based on my numbness and pain but no radicular weakness. As far as permanent restrictions, he ordered functional capacity evaluations from a physical therapist to objectively determine restrictions.

My attorney told me their attorney would like to try and mediate the case to get it settled and think that would be a good idea, but thinks first, I need to see his doctor in to get our own impairment rating.

I agreed with his recommendation to see his firm's doctor, after which I would like to speak him before any talk of settling. I also told him that 11% is not acceptable. I have been on SSDI for over a year.

I am assuming this is standard procedure? Thank You



RE: 11% Impairment Rating - IOWA - 1171 - 04-29-2015

whether it's acceptable to you or not the comp court can order your rating at 11%.
Your SSDI status has no bearing on your AMA impairment rating.

Trying to negotiate rather then a trial is standard.
What happens if your doc rates lower?




RE: 11% Impairment Rating - IOWA - Rebos - 04-29-2015

I am confident that his rating will be much higher given the outdated MRI and evaluation their doctor is using. My condition has worsened with no medical intervention for a year. The insurance company stopped PT June 2014 and all medical / insurance claim 4 months ago.

I have posted before my concerns referring to my attorney's lack of pushing for something to happen. Now it seems to be moving.

As one cannot factor in mental anguish, lack of communication from the insurance company/attorney and the fact that the nurse they assigned to my case did not pass on my concerns to the case worker, I will be left with standard procedures favoring the Insurance Company.

I could push for fusion and months of rehab and then settle which would cost them a HUGE amount...

Iowa's WC system clearly favors the employer . I have read everything that is covered and not covered. The fact that my employer did not have a safety procedure for lifting heavy items into the van until my accident is not seem right... Sorry for the rant-


RE: 11% Impairment Rating - IOWA - 1171 - 04-29-2015

rant away.
you earned at least a rant if not a down right complaint.
sounds like you might want to dispute the fact that you are at MMI--except that it would tie you into the system for a while longer.

could be difficult to buyout any future medical treatment issues as it would likely require a Medicare Set Aside.

there are many powerful business interests allied with state legislators trying to whittle down and-cost shift worker benefits in many states.
Iowa is not the worst----yet.

if your doc does provide a higher rating it's likely the attys will agree to split the difference.

be well




RE: 11% Impairment Rating - IOWA - Rebos - 04-29-2015

(04-29-2015, 05:24 PM)1171 Wrote: rant away.
you earned at least a rant if not a down right complaint.
sounds like you might want to dispute the fact that you are at MMI--except that it would tie you into the system for a while longer.

could be difficult to buyout any future medical treatment issues as it would likely require a Medicare Set Aside.

there are many powerful business interests allied with state legislators trying to whittle down and-cost shift worker benefits in many states.
Iowa is not the worst----yet.

if your doc does provide a higher rating it's likely the attys will agree to split the difference.

be well


I feel sick thinking about how this could go. The reason I did not push medical continuation was to settle so I could go to a Dr or do pain management. Instead I cannot afford PT as my personal Ins knows it is WC, etc. I did nothing wrong and that makes me feel honest and ultimately that is all that matters. Be good with yourself everyday.


RE: 11% Impairment Rating - IOWA - Rebos - 05-09-2015

I went to my family Dr yesterday to get some muscle relaxers to hopefully help my back pain. Now that the insurance company dropped my medical coverage and just giving me weekly checks I cannot go to the back Dr.

My back pain is quite painful. I have been putting up with it in hopes of settling and moving on to doing pain management or something my way. But I am in pain and needed to try some meds.

I do not want to reopen the medical and go through all that crap with their doctors and my assigned nurse, etc. My thoughts were to settle then use Medicare/Blue Cross if needed later?

I thought I could get a settlement that would include medical but my attorney said once we settle, no medical- AHHHHH Sad


RE: 11% Impairment Rating - IOWA - 1171 - 05-09-2015

medicare won't pay on a work comp injury for which you've gotten medical for in a settlement.



RE: 11% Impairment Rating - IOWA - Rebos - 05-09-2015

(05-09-2015, 12:43 PM)1171 Wrote: medicare won't pay on a work comp injury for which you've gotten medical for in a settlement.

How can that be? I may be getting an unknown monetary compensation weekly or lump. If they discontinue medical compensation, which they have, how can Medicare not cover me? The compensation is for expenses for 3 years and any future earnings I may have been able to have, at least 10 years.


If my attorney is telling me that they will not agree with medical coverage, them why am I even doing this? My back gets worse each day just doing normal tasks like dressing, pushing or pulling. My employer took what years I had to work away from me and know they did not have the right safety procedures in effect the day of my accident. Yet Iowa covers the employer more than that employee.

I cannot seek damages unless they knew the "ladder" I was asked to use was faulty...(Text book ie) I can sue the ladder manufacture. I am very upset as I should have know months ago that I should have stayed on all the medical treatment I could get if I was to be be thrown to the curb with no future coverage~

My attorney may not be my attorney much longer!!!!!!!!!





RE: 11% Impairment Rating - IOWA - 1171 - 05-09-2015

make sure there are no medical $$ in the settlement- only disability money. make sure there is wording that clearly spells out what is and is not being settled.
medicare won't allow you to pocket any medical $$ from a comp settlement and then stick them with treatment.
that's the whole point behind requiring a set aside for medicare eligible comp settlers:
http://www.cms.gov/Medicare/Coordination-of-Benefits/Workers-Compensation-Medicare-Set-Aside-Arrangements/WCMSAP-Overview.html