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  1. #1
    hurtatwork Guest

    Default Judges Ratings versus Doctors Ratings

    Why is it that in this state judges are allowed to grant higher permanent disability ratings than doctors? Are they medically qualified to diagnose permanent diasbility?

  2. #2
    anonymous Guest

    Default

    Permanent disability ratings are different then impairment ratings; one's a work comp administered benefit the other is a scientific way of measuring body function. Most work comp systems base their disability payment scheme on some scientific method of evaluating physical disability. The two are often confused.

  3. #3
    hurtatwork Guest

    Default

    Maybe you can help me understand this. Myself and a co-worker were both injured at the same time. Each of us had surgery for Labral Tears in our shoulders. We had the same doctor and nearly the same recovery time. We were both rated at MMI. He was rated at 5% to the shoulder and I was rated at 6%. When it came time for settlement he was awarded 20% and I was awarded 15%. How can this be possible. A co-worker said that the judge must have liked him more than me.

  4. #4
    anonymous Guest

    Default

    Obviously there is more then the physcian's rating used when your 6 gets bumped to 15.
    Sounds like the co-worker is trying to start trouble.
    Missouri does allow it's comp judges some discretion in establishing the final award. There are no set standards for these deviations and Missouri has not even decided on a single rating standard for it's physcians to use. So the final disability rating is a combination of judges recommendation and doctor's impairment rating. I imagine that the physcian's description of the pain and/or limitations struck the judge a little different for each of you. I assume it was the same judge making both awards. It may be posible to ask or get specific reasons by contacting the Division of Workers' Compensation.
    Many states also allow modifications for age, occupation, education etc.

  5. #5
    confused Guest

    Default

    Why are the judges' permanent disability ratings so different from the doctors' impairment rating? For example a doctor's impairment rating of 1% and a judge's rating awarded at 10%.

  6. #6
    anonymous Guest

    Default

    Because the judges are making a legal determination not a medical one. While the medical opinion is a big factor it is not the only one that's considered. The judge has some discretion and can include things like the effect of multiple injuries or body parts as well as the precedent of historical settlements.

  7. #7
    confused Guest

    Default

    Is a resource available of historical settlement data that helps a person determine if a settlement is fair and just?

  8. #8
    anonymous Guest

    Default

    That's what the judge does.
    http://www.dolir.state.mo.us/lirc/index.htm
    Since all settlements are unique to each individual case it would not be a good way to predict your settlement.
    They do make decisons on comp cases available here
    http://www.dolir.state.mo.us/lirc/decisions.htm
    The best way is to determine what benefits you
    are entitled to as far as disability and medical and then make the calculations yourself.

  9. #9
    gregory Guest

    Default

    I WENT TO AN IME EVALUATION AT THE ADVICE OF MY ATTORNEY THIS DR. RATED ME AT 20% PPD AT THE RIGHT KNEE 160WK. LEVEL AND 30% PPD FOR THE LEFT KNEE AND 221/2 PPD FOR THE BODY AS A HOLE HE THEN GOES ON TO TOTAL THE TOTAL PPD 10 PERCENT HIGHER THAN THAT USING REQUIREMENTS UNDER UHLIR VS. FARMER. (BOTH KNEES WERE RATED AT THE 160WK. LEVEL) I AM TO THE POINT WHERE I CANT WALK THIS HAS BEEN GOING ON FOR TWO YEARS. IF YOU COULD PLEASE EXPLAIN THIS JARGON TO ME I WOULD GREATLY APPRECIATE IT MY ATTOURNEY WANTS ME TO MAKE DEMANDS BUT I STILL AM GOING TO HAVE TO HAVE KNEE REPLACEMENTS WHAT DO I DO? THANK YOU!

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