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Employer's Percent of Liability
#1
Hi, All,

Does anyone know what does it mean? W/c ruled after I filed for claim( in 2004) that my employer's percent of liability is 23%.

My injuries are carpal tunnel/tendonitys and trigger fingers on both hands, had five surgeries after 2004. I had a history of carpal tunnel about 14 years ago with a different employer, but only on the right hand, didn't require surgery, didn't lose more than a few days of work and never had problem again until 2004 with different employer. I am out of work this time since March 2006. I never received any settlement in the past regarding these injuries.

Does the 23% employer's liability mean that my last employer has to pay only 23% of my settlement when it comes to that? If yes, than who will pay the other 77%? Can it be the old employer's liability? It doesn't really say anywhere .

I would appreciate any feedback as I am not sure should I worry about this or not?

Thanks.

Kat
 
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#2
only rating i know of is for disavility rating on body
 
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#3
Boy does that sound like me. I just got my paperwork for my PIR rating, and it said 32%, then something about 39%, and then said the doctor said 19% as a whole body. I do not have the paperwork in front of me, but i have recurring carpal tunnel/tendonitis and they are now trying to say the same thing, that i was probably never healed from my 1998 surgery which i never claimed wc, and now waiting on a IME from their lawyer.

My adjuster said it was to high and their lawyer now wants a IME. Anything to hold up the process of getting me out of this a@@ backwards wc system.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#4
probably depends on your state.
after all the posts you've made, I'm surprised you haven't updated your profile with a location.
Under the comp laws in many states it's called "apportionment".
liability can be apportioned to another employer, another industrial injury, or to non-industrial causes.
It can affect the amount of your impairment benefits.
does your state have a second injury fund?
it could be that they are liable for the difference.
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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#5
Thank you for the replies.

1171...I am in Washington state and as far as I know, we do have the second injury fund. Can you suggest a good website or websites where I can learn more about these? Thanks again.

Sparkey...Because of your posting about this same situation I started worrying and it looks like, we do have similar cases. Mine is very complicated due to the fact I was without legal representation for such a long time. W/c is still denying all medical treatment since 2006 and my condition is getting worse. The worst part is, I know something is very wrong with me besides the carpal tunnel, but I don't know what, because I can't get the necessary testing. My new doctor who is authorized by w/c to address my Vocational Rehab issues only, just gave me this dx: Brachial Neuritis, dx code: 723.4.
W/c sent him a long letter questioning this and of course not paying his bills. Right now lawyer still in litigation with w/c for treatment issues, only for the two pinkies and right index finger.
Now I just read something about this Thoracic Outlet Syndrome and I think I have this, also. Whenever I read something about other's symptoms, I dx myself with that, like RSD and Fybromilgia.

I wish you luck with your fight and please let us know about the outcomes.

Kat
 
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#6
It doesn't look like the second injury fund will be involved in your claim as washington seems to restrict it to permanent total claims.
but you can find out more about medical apportionment here
http://www.lni.wa.gov/IPUB/252-001-000.pdf
see section V-5 where it discusses pre-existing conditions.
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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#7
1171 Wrote:It doesn't look like the second injury fund will be involved in your claim as washington seems to restrict it to permanent total claims.
but you can find out more about medical apportionment here
http://www.lni.wa.gov/IPUB/252-001-000.pdf
see section V-5 where it discusses pre-existing conditions.

1171..Thanks for the reply. I read it a few times and still confused. Rule doesn't make any difference between on the job related pre-existing condition and other type of pre-existing condition.
Does it really mean even thou my pre-existing condition is due to previous injury to same body part I will receive only 23% of award?
Thanks again.
Kat
 
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#8
that really depends on the disability calculation rules and caselaw in washington.
medical apportionment by a doctor is different then legal apportionment.
in many states the second injury fund pays the difference when there has been a significant prior industrial injury.
you might contact L&I to find out when apportionment is used in the awarding of benefits.
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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