I have continual based trauma that began in 2007. I have received treatment since 2007 for Right Elbow - Lateral Epicondylitis. After unsuccessful treatment, I had surgery - right tendon release/stripping - in August 2009. I am 45 years old and have worked the same job for almost 21 years. I did not miss any work for this injury until my surgery in August 2009. Unfortunately, after surgery, I've had some radial nerve issues, hypertropic scar issues and the same pain as prior to surgery. I expected to be off work 3 to 9 weeks after surgery. It has been approximately 7 months.
I received a copy of my QME report and am wondering if any settlement is based on WPI and/or other body part impairment. My report states as follows: "...She does not have a ratable neuropathy and there is no vascular impairment, but a grip loss of 30%, with significant atrophy in the forearm, would be a 20% upper extremity impairment, time 60%, the value of the wrist, which is 12% for an upper extremity impariment, or 7% of the whole person." The next paragraph reads, "...I would recommend a 1% whole body person impariment due to the scar sensitivity due to pain, which means that the patient's whole person impairment now, even after her excellent treatment is going to be 8%." The report also states that I need future medical care included in my settlement.
Which %'s are used in determing a settlement. I am covered by a 3rd party administrator for W/C benefits, if that makes a difference. Thanks.