I need major help. I am on your website reviewing old posts on this issue. I found the following:
"There are two types of permanent partial disability compensation methods available (scheduled and non-scheduled):
If the employee has suffered a "scheduled" injury, in other words, one of the specified injuries in the LHWCA, then that employee is compensated a set number of weeks of compensation for the total loss of use of the particular member or portion of the body that is involved under the schedule. The partial loss or loss of use of the member is calculated on a proportional number of weeks for compensation to be awarded. In other words, if the claimant has a 10 percent permanent partial disability to an arm, and the total loss of use of the arm is worth 312 weeks of compensation for total loss or total loss of use, the injured claimant would be entitled to 31.2 weeks of compensation. The compensation for partial loss of use of a scheduled member is based on medical evidence in evaluation.
If the type of injury is a "non-scheduled" injury, the compensation is limited to 66 2/3 of the employee's wage earning capacity loss as measured by the difference between the employee's average weekly wage and the employee's wage earning capacity after the injury in the same or other employment. Types of non-scheduled injuries are shoulder injuries, neck injuries, or back injuries.
Okay, here's my story. I am in New York. Fifteen years ago I had a 25% injury per arm for carpal tunnel.
Then in 2008 I was diagnosed with repeat bilateral carpal tunnel, bilateral cubital tunnel and thoracic outlet syndrome (as well as a neck injury currently denied and in appeal to the Appellate Division of the Supreme court).
I am representing myself. Due to the rareness of thoracic outlet syndrome (TOS), no attorney would take the case, added by the complication of old and new injuries.
I will be unable to get surgery for TOS because my Denver doctors (the only competent doctors in the country with no lawsuits and 200 surgeries per year) have decided they are sick and tired of NY WC and will not accept patients from New York. I can successfully prove there are no doctors in NY who can provide the surgical procedures I need.
Therefore, I want to file for permanency for TOS (as well as the other injuries).
There is a new permanency form effective January 1st, 2012. My carpal tunnel doctor had previously filed for a scheduled loss of 39.55 percent per arm.
MY TOS doctor will file for 100% permanency.
How does this work?
I am understanding that I can use the old permanency guidelines or the new permanency guidelines (because a permanency form was already on file in the old file for this new injury). However, obviously, I want to maximize the disability, particularly given that I have many complications to TOS which will never get recognized on this file as there are no doctors here who understand the condition.
Now, the post above makes reference to 66 2/3 of my prior salary, but for how long? I am 44. Is this 66 2/3 salary for my remaining working years? Is there a table for this?
So my question to board members, which is better:
1. filing for scheduled loss of use of the arms and classification for TOS
or
2. filing for classification loss for everything?
P.S. With the old disability of 25% per arm and the new disability of 39.55% per arm, I am allowed to file for a classification loss on the arms rather than a scheduled loss.
"There are two types of permanent partial disability compensation methods available (scheduled and non-scheduled):
If the employee has suffered a "scheduled" injury, in other words, one of the specified injuries in the LHWCA, then that employee is compensated a set number of weeks of compensation for the total loss of use of the particular member or portion of the body that is involved under the schedule. The partial loss or loss of use of the member is calculated on a proportional number of weeks for compensation to be awarded. In other words, if the claimant has a 10 percent permanent partial disability to an arm, and the total loss of use of the arm is worth 312 weeks of compensation for total loss or total loss of use, the injured claimant would be entitled to 31.2 weeks of compensation. The compensation for partial loss of use of a scheduled member is based on medical evidence in evaluation.
If the type of injury is a "non-scheduled" injury, the compensation is limited to 66 2/3 of the employee's wage earning capacity loss as measured by the difference between the employee's average weekly wage and the employee's wage earning capacity after the injury in the same or other employment. Types of non-scheduled injuries are shoulder injuries, neck injuries, or back injuries.
Okay, here's my story. I am in New York. Fifteen years ago I had a 25% injury per arm for carpal tunnel.
Then in 2008 I was diagnosed with repeat bilateral carpal tunnel, bilateral cubital tunnel and thoracic outlet syndrome (as well as a neck injury currently denied and in appeal to the Appellate Division of the Supreme court).
I am representing myself. Due to the rareness of thoracic outlet syndrome (TOS), no attorney would take the case, added by the complication of old and new injuries.
I will be unable to get surgery for TOS because my Denver doctors (the only competent doctors in the country with no lawsuits and 200 surgeries per year) have decided they are sick and tired of NY WC and will not accept patients from New York. I can successfully prove there are no doctors in NY who can provide the surgical procedures I need.
Therefore, I want to file for permanency for TOS (as well as the other injuries).
There is a new permanency form effective January 1st, 2012. My carpal tunnel doctor had previously filed for a scheduled loss of 39.55 percent per arm.
MY TOS doctor will file for 100% permanency.
How does this work?
I am understanding that I can use the old permanency guidelines or the new permanency guidelines (because a permanency form was already on file in the old file for this new injury). However, obviously, I want to maximize the disability, particularly given that I have many complications to TOS which will never get recognized on this file as there are no doctors here who understand the condition.
Now, the post above makes reference to 66 2/3 of my prior salary, but for how long? I am 44. Is this 66 2/3 salary for my remaining working years? Is there a table for this?
So my question to board members, which is better:
1. filing for scheduled loss of use of the arms and classification for TOS
or
2. filing for classification loss for everything?
P.S. With the old disability of 25% per arm and the new disability of 39.55% per arm, I am allowed to file for a classification loss on the arms rather than a scheduled loss.