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Coming to an end?
#1
A couple years back my wife injured her knee at work. She has gone through all the hoops and has another hearing coming up in a couple weeks. Just last month she was sent for an IME and the insurance company wanted her rated for scheduled loss of use.

The IME came back, their Doctor has her rated at 35%, and her Doctor has about the same rating. So today, we got a call from her lawyer and she is sounding happy about this. She also wants to go for some indemnity thing? Not sure what she was talking about.

Any ways our question is this. We were looking through New York State Workers Compensation board medical guidelines and noticed something.
The Doctors have her listed as having Chondromalacia patella. Both her Doctors and 2 of their IME doctors also have this rated as “marked”. In the medical guidelines, it says that for Chondromalacia patella, mild to marked degree, equals 7 1/2%-10% loss of use of the leg. Now is that 7 1/2%-10% added to the 35% SLU?

Well I guess the indemnity part is a question too. She said she wants the wife to see her Doctor again and have her permanency rated. Does this make sense? What are we looking at with this?
All the doctors she has seen have told her she cannot go back to the job (or any job like) she was doing before ever. They have really heavy work restrictions and limits for her, and a couple months back her doctor signed her to have a permanent handicapped-parking permit.

She also has gone through depression from this ordeal. She went for an IME with a psych doctor. They determined that the injury was the cause of her depression and is being medicated for that. Now can this also be added in to any potential settlement?


Thanks in advance.
jobo
 
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#2
Hi Jobo, I'm from NY and been out of work since 2002 . Im about where your wife is in this horrible process called Workers compensation so i cant answer your questions. Someone should be here soon who can answer your questions. Sher
7 Yr survivor of the NY State workers compensation system
 
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#3
oblivyous Wrote:Hi Jobo, I'm from NY and been out of work since 2002 . Im about where your wife is in this horrible process called Workers compensation so i cant answer your questions. Someone should be here soon who can answer your questions. Sher
Wow 6-7 years, I’m sorry to hear that.
Her injury date was November 3, 2005, so we are coming up on 3 years now.
 
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#4
jobo99- Welcome to the forum. As for your questions someone will be along and answer your questions.
May God send his angels to hold you in his arms
 
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#5
I think I have figured some of this out, but I’ll run it by you all and see if we are right. I may also have a few questions though.

Ok I guess there is a settlement payout for the 35% rating of 40k minus what was already paid so far. Or, there is an option of going for indemnity benefits. Seeing she is already listed as permanently partial disabled, they need to put a percentage to it to determine her loss of wage earning capacity.

Now this way instead of getting a lump sum payout she will continue to receive weekly checks from the insurance carrier for a set amount of time. The percentage rating determines that amount.

Now if we have this correct, for the indemnity benefits. Will the checks be in the same amount that they are now? or will that amount be closer to her actual wages.

The Lawyer also told us that either way it would include medical. So, all her meds and upcoming doctor appointments will be covered. We just had a short conversation with the lawyer over the phone. We are making an appointment to have a sit down meeting with her.
 
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#6
http://www.wheelessonline.com/ortho/long...hesis_used
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#7
Bad Boy Bad Boy Wrote:http://www.wheelessonline.com/ortho/long...hesis_used
Thanks for the link, but...

We have discussed this and other options with the doctors. All her Doctors and even the IME doctors feel that resurfacing is not a viable option.
At the last doctor, his suggestion was TKR with patella removal. However, at her age (mid 30’s) they feel it is too “early” for that. All her doctors are talking TKR, but they all feel she is too young for that right now.

Now we were also told that even after TKR knee flexion is limited to about 90-100 degrees. So, she will be looking at about the same range of motion that she has right now.
 
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