Results 1 to 5 of 5
  1. #1
    Join Date
    Oct 2011
    Posts
    60

    Default How to Determine Percentage of Disability for Settlement

    My workers compensation claim was made in the State of: new york. i am new to this site. i have been out on workers comp for 2.5 years now with a back and knee injury. before i got hurt i was making 1214.00 a week as a nurse. went to ime doctor and he gave me a rating of 50% my own md is saying i have a 60% disability, both md are saying i have reached mmi, how does the judge determine which percentage of permancy to give me. my attorney asked for a settlement a couple of months ago and the insurance company refuses to respond. does the insurance company usually offer settlements at a permancy hearing.

  2. #2
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    800

    Default Re: How to Determine Percentage of Disability for Settlement

    Quote Quoting norma View Post
    ......before i got hurt i was making 1214.00 a week as a nurse
    Not sure why you mentioned that, but please don't expect to be getting anything near that from WC.

    went to ime doctor and he gave me a rating of 50% my own md is saying i have a 60% disability, both md are saying i have reached mmi
    It's not unusual for two Dr.'s to make different determinations. This is why your AA has apparently asked for a Permanency Hearing.

    how does the judge determine which percentage of permancy to give me
    There are a lot of factors involved, so it would be difficult for anyone to say how the judge makes such a determination. Most of it is based upon evidence presented, testimony, and a little bit "personal" on the part of the judge.

    my attorney asked for a settlement a couple of months ago and the insurance company refuses to respond.
    Neither the IC nor the IW is required to settle a WC claim. No response is just as good as a refusal.

    does the insurance company usually offer settlements at a permancy hearing
    As I said, the IC isn't required to settle the claim at all, but they will be required to continue paying benefits if the Judge so directs. The only thing the Judge will be doing is determining the final impairment rating. This, too, is subject to appeal by either party.

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

    Default Re: How to Determine Percentage of Disability for Settlement

    went to ime doctor and he gave me a rating of 50% my own md is saying i have a 60% disability,
    NY has a process where at a certain timeframe you are rated for disability... if you are rated at 50%+, TTD would continue, under 50%, TTD changes to PPD based on a PD rating.
    MMI/Maximum Medical Improvement is actually a status, vs. a rating.
    If you are rated for PPD and released to return to work, you're claim would move to some type of resolution. May or may not be a cash lump sum payment.

  4. #4
    Join Date
    Oct 2011
    Posts
    60

    Default Re: How to Determine Percentage of Disability for Settlement

    thank you for this info this helps me out alot. i tried to go to nys workers comp board web site and could not find the time frames, can you please tell me what are the time frames, and how long i can stay out on temporary payments. i did try to call my attorney and he hasn't returned any of my phone calls.

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

    Default Re: How to Determine Percentage of Disability for Settlement

    Injured Worker info is here...http://www.wcb.state.ny.us/content/m...ystemWorks.jsp
    You can receive TTD/Temp Total Disabiilty as long as your Dr certifies disability exists... and you are rated above 50%. That is not a final rating to determine PPD indemnity benefits though.

Similar Threads

  1. How Does Worker's Comp Determine a Settlement
    By Rizzo in forum California
    Replies: 12
    Last Post: 05-17-2013, 12:26 PM
  2. Percentage and Disability Rating
    By beachbum622 in forum Illinois
    Replies: 4
    Last Post: 02-23-2009, 11:38 AM
  3. Permanent Partial Disability Percentage
    By loving in forum Ohio
    Replies: 4
    Last Post: 08-19-2008, 03:05 PM
  4. How is Percentage of Disability Measured
    By thisbecauseofthat in forum Michigan
    Replies: 1
    Last Post: 09-20-2007, 08:07 AM
  5. Disability percentage following ACL surgery
    By robin in forum Tennessee
    Replies: 2
    Last Post: 10-11-2006, 07:44 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer