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Stacking of PPD ratings in WA??
#1
I have heard that if you have 2 surgeries (knee injury, menisectomy failed, now total knee replacement) that the PPD awards are 'stacked". I received a document that says:

"PPD rating 37%, less prior estimated PPD of 10% = 27%"

Does this make sense? If I had to have 2 surgeries for this injury shouldn't I be getting 47% (37% + 10%) rather than 27%?

I have not received any PPD payment yet, is this typically paid after recovery/surgery/rehab? Why would they estimate this prior to even having my second surgery? (I will have it in January)

Thank you!
 
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#2
you must have heard wrong; that doesn't apply when it's the same part of the body.

if you've already been hurt to same area they don't pay for the first injury again.

if you have subsequent injuries to the same part of your body you are not entitled to nor is your employer required to duplicate PPD for your prior injuriies-only the increase.
only permanent total is immune from apportionment.
if a part of your body has more then one injury the law requires they take into account your prior disability.



(5) Should a worker receive an injury to a member or part of his or her body already, from whatever cause, permanently partially disabled, resulting in the amputation thereof or in an aggravation or increase in such permanent partial disability but not resulting in the permanent total disability of such worker, his or her compensation for such partial disability shall be adjudged with regard to the previous disability of the injured member or part and the degree or extent of the aggravation or increase of disability thereof.

http://apps.leg.wa.gov/rcw/default.aspx?cite=51.32.080

PPD is not a reward for each surgery; it's a measurement of your impairment. you don't multiply the measurment by the number of injuries.
othewise a person with a bad back and 20 claims could make a fortune by not working. the powerful employers lobby would have field day in the state legislature!!!
it'd be a bigger scam then JP Morgan stealing mortgages...

if you don't have an atty, you can call Project HELP at 1-800-255-9752. They are a cooperative effort between L&I and the Washington State Labor Council (AFL-CIO), and can provide you with individual claims assistance on your behalf.


Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Some good points, thank you! However, no, I did not 'hear wrong' or assume that PPD is a reward. Here is a cut and paste of article I found, although it pertains to Ohio so I did not think it might pertain to WA. Here it is.

_________

YOU CAN STACK MULTIPLE PERMANENT PARTIAL DISABILITY (PPD) RATINGS
September 18, 2012

by William Parsons

If you are injured at work and your doctor assigns a permanent partial disability (PPD) rating, the worker’s compensation carrier has a responsibility to pay you the statutorily defined benefit amount. Certain types of surgeries result in minimum PPD ratings. For example, a total knee replacement has a minimum PPD rating of 50% whereas a meniscus repair carries a 5% minimum PPD rating.

Case law in Wisconsin makes clear that if an injured worker requires multiple surgeries from the same work injury, the worker has the right to stack any minimum PPD ratings. DaimlerChrysler v. LIRC, 2007 WI 15. Therefore, a worker who injures his knee and requires a meniscus repair (5% PPD) and later a total knee replacement (50% PPD) has a claim for a minimum of 55% PPD. See, MG&E v. LIRC, 2011 WI App. 110.

Recently, the Labor Industry Review Commission (LIRC) held that the stacking rules also apply to multiple joint replacement surgeries. In Knutson (dec’d) v. Flat Creek Eatery & Saloon, WC Claim No. 2001-055356 (LIRC May 24, 2012), the injured worker suffered an undisputed injury to his left hip. Subsequently, he underwent three total left hip replacements. In Wisconsin, a total hip replacement carries a minimum PPD rating of 40%. As such, Mr. Knutson claimed a 100% PPD rating for his left hip. LIRC held that multiple total joint replacement PPD ratings can be stacked.

If you have been injured at work and undergone surgery, it is important to make sure that you have been paid the minimum PPD required by law. Beyond this, your doctor can assign additional PPD based on loss of range of motion, pain, or other relevant factors. To make sure you have received all the PPD payments that you are entitled to contact an experienced worker’s compensation attorney"

I had ONE injury, one surgery failed, now second surgery, never recovering or being able to go back to work since first surgery. I think this article speaks specifically to this...does it not?

Appreciate your time...but not the reference to reward seeking or scamming.
 
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#4
why are you making up an accusation of scamming? my post is clear for any to read and there is no such mention.

even if you only had one injury the citation also specifies "or increase" in disability which you have.

workers comp is state law specific so how another state handles a situation similiar to yours is not relevant or even citable as a case precedent on which to appeal.
what happens in another state court is not binding on your state court; it does not speak to you situation under Washington comp law.

anyone is welcome to take their case to court and see if they can get a favorable decision that may allow it in their particular case.
there are two sides to every issue and any one is free to appeal any negative decision.

even in wisconsin or ohio the issue had to be litigated because stackability was not allowed under a plain reading of the comp code.

many come here confused about comp. glad to know you are not. judging a poster's understanding is not always evident in one post.

you should definitely retain that atty on your case and let him know how effective their advertising was.

a message board is not a good medium for debating the specific facts of a case and planning litigation strategy.

you need more then general information and should seek legal representation by an atty experienced in Washington state comp law.



Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#5
You are unbelievably sarcastic, unhelpful, and have really turned me off of this site.

I read an article that I wanted to understand what it meant, and you have insinuated I am looking for a reward, scamming, planning litigation strategy and falling prey to advertising. I AM confused.

It is people like you who force us to seek legal representation, because those of us seeking answers without getting an attorney (I would prefer NOT) are lamblasted by "helpers" like you.

You get an "A" for sarcasm and insensitivity.
 
Reply
#6
(11-16-2013, 11:18 PM)doglover61 Wrote: Some good points, thank you! However, no, I did not 'hear wrong' or assume that PPD is a reward. Here is a cut and paste of article I found, although it pertains to Ohio so I did not think it might pertain to WA. Here it is.
YOU BOTH DONT KNOW WHAT YOUR TALKING ABOUT ....if you had one surgery and it didn't work then you had a full knee replacement and they closed your claim out .... as long as you didn't close your claim and get a rating on your first surgery then your good . That's the only way they can deduct any percentage.... of this is the first time it's been closed then the rating is done on the knee as one ,,,, and the only other way they can deduct any prior percentage on your knee is if your first surgery was on a different claim and closed out with ppd .. but if it wa closed with no ppd then your good either way ... and another thing a full knee replacement is not quantee of 50% I have no idea where you got that from... any other questions just ask ... I know
_________

YOU CAN STACK MULTIPLE PERMANENT PARTIAL DISABILITY (PPD) RATINGS
September 18, 2012

by William Parsons

If you are injured at work and your doctor assigns a permanent partial disability (PPD) rating, the worker’s compensation carrier has a responsibility to pay you the statutorily defined benefit amount. Certain types of surgeries result in minimum PPD ratings. For example, a total knee replacement has a minimum PPD rating of 50% whereas a meniscus repair carries a 5% minimum PPD rating.

Case law in Wisconsin makes clear that if an injured worker requires multiple surgeries from the same work injury, the worker has the right to stack any minimum PPD ratings. DaimlerChrysler v. LIRC, 2007 WI 15. Therefore, a worker who injures his knee and requires a meniscus repair (5% PPD) and later a total knee replacement (50% PPD) has a claim for a minimum of 55% PPD. See, MG&E v. LIRC, 2011 WI App. 110.

Recently, the Labor Industry Review Commission (LIRC) held that the stacking rules also apply to multiple joint replacement surgeries. In Knutson (dec’d) v. Flat Creek Eatery & Saloon, WC Claim No. 2001-055356 (LIRC May 24, 2012), the injured worker suffered an undisputed injury to his left hip. Subsequently, he underwent three total left hip replacements. In Wisconsin, a total hip replacement carries a minimum PPD rating of 40%. As such, Mr. Knutson claimed a 100% PPD rating for his left hip. LIRC held that multiple total joint replacement PPD ratings can be stacked.

If you have been injured at work and undergone surgery, it is important to make sure that you have been paid the minimum PPD required by law. Beyond this, your doctor can assign additional PPD based on loss of range of motion, pain, or other relevant factors. To make sure you have received all the PPD payments that you are entitled to contact an experienced worker’s compensation attorney"

I had ONE injury, one surgery failed, now second surgery, never recovering or being able to go back to work since first surgery. I think this article speaks specifically to this...does it not?

Appreciate your time...but not the reference to reward seeking or scamming.
 
Reply
#7
Where do you get that a total knee replacement is quantee of 50% ??????? I sure hope your not a attorney cause your whole statement is not true ,,,, do your homework first
 
Reply
#8
(11-16-2013, 11:18 PM)doglover61 Wrote: Some good points, thank you! However, no, I did not 'hear wrong' or assume that PPD is a reward. Here is a cut and paste of article I found, although it pertains to Ohio so I did not think it might pertain to WA. Here it is.
YOU BOTH DONT KNOW WHAT YOUR TALKING ABOUT ....if you had one surgery and it didn't work then you had a full knee replacement and they closed your claim out .... as long as you didn't close your claim and get a rating on your first surgery then your good . That's the only way they can deduct any percentage.... of this is the first time it's been closed then the rating is done on the knee as one ,,,, and the only other way they can deduct any prior percentage on your knee is if your first surgery was on a different claim and closed out with ppd .. but if it wa closed with no ppd then your good either way ... and another thing a full knee replacement is not quantee of 50% I have no idea where you got that from... any other questions just ask ... I know
_________

YOU CAN STACK MULTIPLE PERMANENT PARTIAL DISABILITY (PPD) RATINGS
September 18, 2012

by William Parsons

If you are injured at work and your doctor assigns a permanent partial disability (PPD) rating, the worker’s compensation carrier has a responsibility to pay you the statutorily defined benefit amount. Certain types of surgeries result in minimum PPD ratings. For example, a total knee replacement has a minimum PPD rating of 50% whereas a meniscus repair carries a 5% minimum PPD rating.

Case law in Wisconsin makes clear that if an injured worker requires multiple surgeries from the same work injury, the worker has the right to stack any minimum PPD ratings. DaimlerChrysler v. LIRC, 2007 WI 15. Therefore, a worker who injures his knee and requires a meniscus repair (5% PPD) and later a total knee replacement (50% PPD) has a claim for a minimum of 55% PPD. See, MG&E v. LIRC, 2011 WI App. 110.

Recently, the Labor Industry Review Commission (LIRC) held that the stacking rules also apply to multiple joint replacement surgeries. In Knutson (dec’d) v. Flat Creek Eatery & Saloon, WC Claim No. 2001-055356 (LIRC May 24, 2012), the injured worker suffered an undisputed injury to his left hip. Subsequently, he underwent three total left hip replacements. In Wisconsin, a total hip replacement carries a minimum PPD rating of 40%. As such, Mr. Knutson claimed a 100% PPD rating for his left hip. LIRC held that multiple total joint replacement PPD ratings can be stacked.

If you have been injured at work and undergone surgery, it is important to make sure that you have been paid the minimum PPD required by law. Beyond this, your doctor can assign additional PPD based on loss of range of motion, pain, or other relevant factors. To make sure you have received all the PPD payments that you are entitled to contact an experienced worker’s compensation attorney"

I had ONE injury, one surgery failed, now second surgery, never recovering or being able to go back to work since first surgery. I think this article speaks specifically to this...does it not?

Appreciate your time...but not the reference to reward seeking or scamming.
 
Reply
  


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