Tennessee Worker's Compensation - Help For Injured Tennessee Workers

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  1. #1
    darlene Guest

    Default Whole Body Rating

    Can anyone explain what the whole body rating is? My husband got his mmi and recieved 15% on his arm and 9% for whole body, he broke his wrist in aug 2004 has rsd, any help would be greatly appreciated. I live in Tennessee.

  2. #2
    sh Guest

    Default

    Different parts of the body contribute differently to how the body as a whole functions. Is the loss of grip strength as serious as the being unable to lift more then 40 pounds? In order to compensate both conditions fairly you need to know how each contributes to the whole person. Once there is a factor for each part they can compensate different parts fairly and equally through an impairment system such as work comp might use.

  3. #3
    pooh Guest

    Default

    is this rating from the WC doctors? If you have an attorney have they sent him for an IME to see if the percentage would be different? Does the report state the medications he will have to take daily for pain? Is the RSD just limited to the wrist or has it spread?

    There is more to the picture than just numbers - and with a chronic illness such as RSD which sometimes spreads seems like there would be more to it.

    Normally if the body is also affected they will convert the impairment rating of the shoulder/arm to a body as a whole rating. Meaning 9% at 400 weeks. Which is actually a difference of about 6 weeks. The arm is rated for 200 weeks max or at 15% which would be 30 weeks - where 9% of 400 weeks =36 weeks.

    here is something to the effect on the members and a member is arm/shoulder/leg/finger/toe

    B) The total amount of compensation payable in this subdivision (3) shall not exceed the maximum total benefit.

    (C) When an employee sustains concurrent injuries resulting in concurrent disabilities, such employee shall receive compensation only for the injury which produced the longest period of disability, but this section shall not affect liability for the concurrent loss of more than one (1) member, for which members' compensations are provided in the specific schedule and in subdivision (4)(B). In all cases the permanent and total loss of the use of a member shall be considered as equivalent to the loss of that member, but in such cases the compensation in and by the schedule provided shall be in lieu of all other compensation.

    (this is from the link driller posted to you)

    If you don't have an attorney - you may wish to consult a couple and see what they think about your case. Do they feel the percentage is to low, etc.

  4. #4
    pooh Guest

    Default

    Darlene

    NJ actually posted this on another post - and it may be something to read up on.

    http://www.artzoo.com/health/print.htm

  5. #5
    darlene Guest

    Default

    Thanks so much for your help, this was a Workers comp doc. and he did give perm. restrictions 20 pounds lifting, his range of motion is terrible. and he broke his dominant wrist, his rsd has not spread thank god, He did not get a report, I called the doc and they said they only send it to the insurance company, he takes oxycontin, neurontin, doxsipen, blood pressure patches he is released from ortho doc now is seeing pain management doc. thanks again

  6. #6
    pooh Guest

    Default

    Darlene

    Sounds like you may wish to consult an attorney if you haven't - if nothing else to make sure ongoing pain management is taken care of. I know a couple of those drugs are rather expensive to get each month - also with the RSD it may spread and change his condition.

    Is the pain management doctor suppose to rate him as well?

    This is something you really need to look at - if they offer to settle outright - means normally they want to close medical treatment - and your own health insurance won't pay because you settled a comp claim (In most cases) until after a certain amount of time - same goes for medicaid/medicare.

  7. #7
    rob Guest

    Default

    I get everything the insurance company gets, via my attorney. I wouldn't do this without one.

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