Maryland Worker's Compensation - Help For Injured Maryland Workers

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  1. #1
    Join Date
    Aug 2009
    Posts
    21

    Default PPD Formula in Maryland

    Hello,

    I've received my second PPD rating after more than 2 years and I'm finally filing my issues for permanency. Att Dr says 50% and ER's says 30% disability to shoulder. When talking to my Dr, he explained the PPD formula in Maryland and I wanted be sure it's correct. Basically, it's PPD rating x 500 weeks for shoulder x 2/3 of average weekly wage. Is this correct? I've been trying to get an answer from my ATT since yesterday but we know how that goes... I know the judge usually meets somewhere in the middle of the ratings, but I wanted to play with some numbers and need to be sure I have the right formula. As a quick example:

    Average Weekly Wage of $1000 a week
    PPD rating of 40% to shoulder
    500 Weeks of disability to shoulder "non scheduled member"
    2/3 Average weekly wage $667

    500 weeks x .40 (40% rating)=200 weeks
    $667 x 200 weeks = $133,400

    Thanks for any corrections or additional info.

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: PPD Formula Maryland

    it's much less.
    your weekly rate is subject to a maximum amount depending on your date of injury and the number of ppd weeks.
    for a 2010 injury the max is $307/wk
    read the rate calculation rules for permanent partial disability:
    http://www.wcc.state.md.us/Adjud_Claims/Comp_Rates.html
    Last edited by SH.; 04-28-2011 at 11:08 AM.

  3. #3
    Join Date
    Aug 2009
    Posts
    21

    Default Re: PPD Formula Maryland

    SH- Thank you for that link. I had read something about the limit before but wasn't sure about the rules in 09', which is when my injury took place. The max is only $308 a week!! It seems like that 50% rating is the magic number that dictates a large FAIR indemnity award or a relatively small one considering the injury and loss of income. My Dr has already given my that 50% rating. Hopefully the commissioner will be kind considering my age, plus the fact that I have another re-tear in rototor cuff after 2 surgeries that can't be corrected without a total reconstruction and my career is over. I guess we'll see... I obviously will need future medical treatment so hopefully I can get another $7-$10k for future medical. I'm ready to completely settle this claim with a C & R, it has been 2 years of hell.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: PPD Formula Maryland

    I obviously will need future medical treatment so hopefully I can get another $7-$10k for future medical. I'm ready to completely settle this claim with a C & R, it has been 2 years of hell.
    There is no guarantee of a cash settlement.
    And, it appears you are aware of your assuming liability for any further medical care if you C&R this claim.
    That 7K to 10K will never cover the potential treatment you describe.

    You aren't compensated for loss of your career, but the loss of earning capacity, or ability to compete in the open labor market.
    Interesting discussion here http://www.ssa.gov/policy/docs/ssb/v...n4p16.html#mn9 Compensating Workers for Permanent Partial Disabilities

  5. #5
    Join Date
    Aug 2009
    Posts
    21

    Default Re: PPD Formula Maryland

    Thanks for the article BvIA, it was interesting. I realize that a cash award is not guaranteed, I was just trying to figure out if the formula is right so I'll have a basic idea of what the end figure will be. It would be fantastic if I could get the 50% rating to hold but I doubt it will. I also realize what it means to sign a C & R. To me it's worth it to loose a few thousand dollars in the end and get it all at once just to be done with the process. The money for future medical is just icing on the cake since I can have my shoulder repaired through other means when it's time.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: PPD Formula Maryland

    The money for future medical is just icing on the cake since I can have my shoulder repaired through other means when it's time.
    Maybe you have misunderstood, or been misinformed... you cannot use your own health coverage to treat a work injury.
    If you take money for future medical reimbursement, then allow another party to pay for treatment, it would be double dipping, and potentially a intent to commit fraud against an insurance company, a felony in most states.

    If you read any EOC/Evidence Of Coverage provisions in a health ins policy you will find industrial/occupational injury or illness expressly exempt from coverage.
    This all goes to liability for the injury, which is held by your ER, or WC carrier. When you take the money, you are agreeing to accept full liability for any additional treatment you may require for this injury.
    If you think you can use another GHP/Group Health Plan, or private pay coverage...or even Medicare or VA TriCare... you best get this in writing... cuz it aint gonna happen.

  7. #7
    Join Date
    Aug 2009
    Posts
    21

    Default Re: PPD Formula Maryland

    I am very aware of what you're saying but there are ways around everything including double dipping. I'm not going to get into a legal and ethical debate, but I will say that when it comes time to fix my shoulder again, an insurance company will be paying for it and it won't be my ER's.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: PPD Formula Maryland

    Well... lets us know what jail you may be in... cuz you could be facing some charges.
    OR, the IC you shift liability can and will come after you for reimbursement... what you are talking about is theft and felony in most states.
    Good luck...
    It's nice to know there are still people out there with such a sense of self entitlement...

  9. #9
    Join Date
    Jul 2010
    Posts
    20

    Default Re: PPD Formula Maryland

    I have a question my lawyer told me that I cannot get Permanent Total Disability because I didn't finish Voc Rehab?? I have already been awarded SSDI for my work injury . So I don't understand this?? Can someone explain this to me??

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: PPD Formula Maryland

    You have to cooperate with the comp system no matter what the rules are... and failing to do that can and usually will affect your eligibility for benefifs.
    Did you ask your atty why he is telling you this?
    He has your file, knows the rules and can or should be able to provide the answer you are looking for...on the other hand...no one here has that information.
    There are too many variables in a WC claim to give you specific reasons for any particular action.

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