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Thread: The 8% Back

  1. #1
    jaxlady Guest

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    We finally got The IME's reports, such as they are. The IME placed my husband at MMI with permanent restrictions of no lifting more than 15-20 lbs. & no bending over. This is what is stated in the report but the work restriction slip sent to the IC says only weight restrictions. (This is the first of many contradictions)
    The IME states that 'Jax' has an 8% permanent partial disability in his back for degenerative disk disease in L3-L4 and L4-L5. 8%? For a condition that's only going to get worse over time, and in 4 disks?? I don't think so. And no mention of the herniated bulging disks that certainly didn't go away or heal themselves. 8% sounds more like a toe, or a finger than a spinal disability to me, but that's just my humble layman's opinion.
    The attorney is in the process of scheduling a 2nd opinion appt & requesting a hearing. She did not take action on either until we insisted. We had to state that 'Jax' desired further treatment for his back injury & pain before she would make a move. Aggravating.
    'Jax' was hospitalized over the weekend with some complications from his recent surgery (which has nothing to do with his injury). The liver specialist wrote him a work restriction slip, taking him off work indefinitely. Restrictions clearly spelled out--no driving, no lifting, pushing, pulling, no standing, no lifting over 10 lbs., so we're covered in that aspect.
    Spoke to a co-worker this a.m., who got a rating of 20% for a shoulder injury. How does a shoulder rate higher than a back? I just don't get it.

  2. #2
    pooh Guest

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    Jaxlady

    Sorry to hear about the rating and you are doing the right thing in requesting an IME for your side as well. You may see a big difference in the % of disability.

    I do hope jax gets to feeling better.

  3. #3
    aj Guest

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    You cannot compare body parts when it comes to any type of rating. If the person with the shoulder injury has had multiple surgeries then that could be the reason for the 20% rating. I have seen an 8% rating for someone who had surgery on their back. It is likely you IME will provide him with a higher rating. It is all about the doctor's interpertation of the applicable guides.

  4. #4
    undercovrangel Guest

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    8% disability rating for a back injury?? Sheesh!!!!!!!! Go figure on that one. I was diagnosed with de Quervain's stenosing tenosynovitis in my right hand and wrist after a traumatic crush injury. After 2 surgeries and my dr's opinion that my hand will only continue to degenerate, I was sent to an IME who rated me at 13% disability which becomes an 8% disability when the AMA 5th aed. quidelines are applied. From reading everythiing that you have posted here in regards to your husbands injury and following care, I would definitely be fighting that rating. A back injury, given time, can lead to severe life functioning disabilities that can and many times do lead to some sort of paralysis.

    I congratulate you on your continued efforts to fight this system that is only in place to degrade and humiliate the IW. Keep up the good work. My thoughts and prayers will be with you and your family.

    Angel

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