Tennessee Worker's Compensation - Help For Injured Tennessee Workers

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  1. #11
    Join Date
    Sep 2009
    Posts
    5

    Default Re: How to Calculate %

    i was injured back in march of 09 and i have reached my mmi and tomorrow i go for a fce test,i have already gotten a whole body impairment rating of 13% because of my disk/nerve damage. also i have a medeation meeeting in oct to settle my case dont trust anybody who works for the wc insurance or even your own employer mine tried to have me released from work after they knew my back was messed up good l5-s1 disk hearnation with nerve damage(cant spell the word the dr calls it) cyst,degeneration in lower lumbar.i ahve done everyhting except surgery which the dr said it would be a 20% chance it would stop the pain in my leg and nack so i declined it which he had pushed fosurgery the first day i even saw him.he said the roids/esi were just stepping stones for the surgery.after i declined the surgery my dr sent me a letter telling me he was going to stop all my meds and that i had to see my own dr to get pain/muscle meds which then i would have to pay out of my own pocket and the medecine alone would have cosyed 400 a month plus dr visits.to put a long story short if you dont get yourself a lawyer your screwed in tennessee.and if you ever have to go to any ortho drs in morristown tn dont every one of them there are all worker comp drs and believe me they defnitely work for the wc companys and they do not have your health in mind,espically stopping pain med for a hearneated disk then you go through the withdrawls which are horrible on top of the increased pain now but i guess in one way when i have my fce tomorrow i will be hurting like hell when i walk through the door

  2. #12
    Join Date
    Jul 2009
    Posts
    10

    Default Re: How to Calculate %

    Just an update........
    Well I have a Lawyer, a very aggressive Lawyer.
    He sent me to another Doctor for an Independent Medical Evaluation.
    This new Doc was awesome, much older with many more years experience.
    He "knows" the workcomp Doc I've been seeing and has absolutly nothing good to say about him, lots of bad actually.
    He said the reason I got 3% rating was DUE to it being a workcomp Doctor,
    that he works for them and it's in his best interest to give very low ratings.
    This new Doc did things to my arm and shoulder that made it hurt even more,
    he said I need two surgeries, one on my arm for the nerve damage, then other for my shoulder. The nerve damage is going to spread to my elbow he said. My shoulder was popping, cracking and grinding during the exam.
    Anyway, he and his Nurse were "talking" and they decided on 70%,
    what does that mean??? Is that vocational disability or what?
    Also, what's the difference?
    Thanks again for all your input

  3. #13
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: How to Calculate %

    he said I need two surgeries, one on my arm for the nerve damage, then other for my shoulder. The nerve damage is going to spread to my elbow he said. My shoulder was popping, cracking and grinding during the exam.
    If you are in need of additional treatment to your injury, it wouldn't be reasonable to rate you at this time...
    You should receive the necessary treatment to ''cure and/or relieve from the effects of your injury'', at the time you are determined to have reached a stable condition...MMI, then your condition would be rated for disability/impairment.

    Anyway, he and his Nurse were "talking" and they decided on 70%,
    what does that mean??? Is that vocational disability or what?
    Ratings for PD/impairment are not done by a conversation between the doctor and his nurse... there are guides to rating disability, TN uses the AMA for this purpose.

    Rating guides by body part can be found here http://www.impairment.com/tips/

    Most recent edition specified - 6th Edition adopted January 1, 2008 - or "in cases not covered by the AMA Guides an impairment rating by any appropriate method used and accepted by the medical community
    PD/WPI ratings are complicated calculations, not usually ''user friendly'' for the IW to attempt. Certainly more than a conversation between the parties. Your rating doctor must provide medical reasoning to support the rating.

    Is that vocational disability or what?
    Also, what's the difference?
    ?
    If you cannot return to you pre injury job/employer, you may be eligible for VR benefits. That wouldn't be determined until you have reached MMI.
    MMI is a status, not a rating.

  4. #14
    Join Date
    Jul 2009
    Posts
    10

    Default Re: How to Calculate %

    I have reached MMI back in June.
    This was a "second opinion" Doctor.
    This was only to get the 3% rating higher.
    The Doc that rated me at 3%, also gave me a max 5 lb for life on that shoulder. Not only can I not return to work but,
    I can never work in that field again.
    This new Doctor said I was 70% disabled on my right shouler and arm.
    My question is regarding that 70%, what does that mean??
    I have applied for social security disability about 2 months ago.
    So far, they sent me a letter of documents they needed,
    which I sent to them about a month ago.
    If they would deny me, would they have done that right away?
    Since they are asking for more documents, does that mean I have a good chance of qualifying? I am have been without any income for a long time,
    workmans comp refuse to talk to me since I have an Attorney.
    The Nurse from WC that met me at my Doc's appts back several months ago,
    who pretended to be so nice and caring, turned out to be a real fake!!!
    She now also, doesn't want to discuss anything with me, she said her job is done. I guess her only job was to go to Doc appts with me???
    My Lawyer said that when he gets results back from this second Doctor,
    he will present it to the board or something? Does anyone know if we will have to court or does a Judge make his decision alone?

  5. #15
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: How to Calculate %

    The rating differences are due to one doctor rating your body part/shoulder at 70%, and the other rating to 'whole person impairment' of 3%. You could lose the function of your arm/shoulder completely and still be capable of gainful employement as your injury has only affected 3% disability to your body as a whole.

    Unless you have significant other medical conditions that affect your daily living activities, you should look for a denial to your application for SSDI/SSI.
    WC is for temp total disability while you treat/recover and return to work.
    SSDI is for permenant, total disability...you condition is not expected to improve with in 12 months or you will die as a result of your condition/injury within that time. MUCH higher threashold.\

    SSA won't make a decision until they have all of your medical records, or those documents they have requested.

    Your best interests would be served if you were to try to find gainful employment as soon as possible. If you can perform any type of sedentary work, you will be denied SSA/SSDI benefits.

    When you are represented by an attorney, no one has to deal directly with you...that is what your ''legal representative'' is there for.

  6. #16
    Join Date
    Jul 2009
    Posts
    10

    Default Re: How to Calculate %

    Will they send me to school for re training?
    The only work I've ever know, I'm unable to perform anymore.
    No facility will hire me, it will be a liability issue for them.
    For example: I can re injure myself, causing another workmanscomp claim,
    I can drop a Patient, causing another bodily injury and possibly
    a law suit for the facility.
    Even workmans comp Nurse said that my injury will "follow" me.
    Doc stated Permanent Injury with 5 lb max for life,
    that is why I don't understand how he rated at only 3%.
    ANd I can't beleive that we can't sue for pain!!!
    It's dificult to live with pain on a daily basis,
    almost imposible to get dresses and leave the house.
    I stay home 90% of the time, only leave the house for doc appts.

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