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  1. #1
    Join Date
    Jun 2011
    Location
    TN
    Posts
    10

    Default FCE Below Sedentary But Rated For Return to Work

    I'm trying to understand what the doctor's doing.

    My FCE is rating me below sendentary, yet the doctor has rated me for return to work with a 5% rating. Here's the kicker to it all. The FCE has put me at below sendentary, yet the doctor put me on sendenetary with restictions and NO DRIVING. Yes no driving, which these are permanent restriction.

    What I'm trying to understand is how can a doctor rate me at 5% total when I'm not allowed to drive anymore. Is there not a factor under the AMA guidelines for rating to everyday living needs? I believe it called ADL that is suppose to be factored in also.

    Guess the main thing is that if I can't drive anymore then how can I work?

    Does anyone have any advice?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Trying to Understand

    You should be discussing these issues with your attorney.
    The AMA does take daily living activities into consideration in rating for disability.
    You haven't indicated the type of injury/body part.
    The 5% may be to your whole person... (?)

    The rating reflects your ability to compete in the open labor market, or loss of earning capacity... there are lots of people who dont drive, there are alternative travel options.

    FCE results are not in stone, your PTP/DR uses those results in evaluating you and using the AMA guides to calculate a final PD rating.

    No driving as a permanent restriction is pretty severe...

  3. #3
    Join Date
    Jun 2011
    Location
    TN
    Posts
    10

    Default Re: Trying to Understand

    BvIa:

    My attorney isn't saying much about my rating.
    The 5% was a rating for whole body for head injury, yet as I stated earier I don't think the doctor is looking at ADL.
    The other factor that I forgot to mention is that I use a cane for balance. When I asked the doctor about if I would still need to use it I was told yes and maybe need to start using a walker. What is odd about the doctor and telling me I still need to use it he states in his reports he has no idea why I use one when it is in other doctors reports that I am required to use one.
    He also didn't put in the ratings that I must use a cane. He also fails to include my vision and hearing issues in the ratings. I only rated for headachs and dizziness.

    Since my injury I have not been able to drive. Now since I had to re-new my drivers license the state took them away from me. The reason they did that was there was a question on the application that asked about any medical issues. When I told them they said I could not be issued drivers license unless the doctor releases me. The doctor agree in the reports that I shouldn't be driving, but I feel he is only doing that because he is covering his butt. If he releases me and something would happien then he could be held liable.

    I keep asking for further testing, but yet he and work comp states there is no other treatment or tests available for me and said he would no longer see me. It's hard to understand since the only test I have had done is a MIR, CT, and hearing test the day after the injury.

    I am to the point to go get tests done on my own, but then I believe that don't have to use them.
    Any advice?
    thanks
    Last edited by kid mustang; 02-06-2012 at 11:34 AM.

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

    Default Re: Trying to Understand

    Nope...no legal advice here.
    But the more info you provide, the clearer things become...
    You didn't say if this rating is from your treating physician, or the state rating...
    You still need to discuss this with your atty... he knows the law, your file, and how all these pieces fit together.
    PD ratings are very complex issues... few if any IW's are adept at understanding the AMA guides... and I can assure you... ALL IW's think their ratings should be higher.

  5. #5
    Join Date
    Jun 2011
    Location
    TN
    Posts
    10

    Default Re: Trying to Understand

    BvIA:

    My rating is coming from a treating physician, not a state rating.

    As far as my rating I already informed my lawyer thsat it is not about the money, but getting the right medical treatment. I just can not imagine that there is nothing out there to help me.

    See I retired about 15 years ago and don't need to work, but I did work because I wanted to. Not because I had to. It's been just under a year that I have not been able to work and I just can't see myself not working any more.

    I also live alone which I always have been very independent, but now I am required to depend on other. Which doesn't make me very happy either. I just want to get back to being independent on my own.

    You said before there are alot of people that can't drive and that there are other alternitives, but the only opion I have is to use a taxi service which will cost me about 20 dollars one way to even get to work. There are no city buses or services where I am located at.

    I understand that PD ratings are a very complex issue and don't understand them well. My biggest issue is how my doctor can put me back in the work force when I wouldn't be able to get to work except for paying an expense taxi ride to and from work.

    I just feel that the doctor isn't looking at the fact that I will not be able to drive and how much of my life is being taken away from me. I don't think anyone could really understand the impact it has on someone's life unless they are in the same situation. And I think the doctor could care less or I would of had other tests and treatments done.

    As far as my atty. there is little response from them. To the point that I have had to get all the documentation for them and he is just filing it and waiting. Waiting for what, I don't know.

    So I hope you understand that it's not about the money or settlement, it's about getting better treatment.
    Thanks

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

    Default Re: Trying to Understand

    I fully understand your points...and frustration.
    I'm also saying, those things you say are being taken away from you are not generally compensable in a comp claim. Whether or not you have to work... doesn't matter.
    Many injuries, industrial/occupational or not are often life altering...

    The PPD rating is a reflection, based on your treating physicians evaluation once you have reached MMI, of your loss of earning capacity, or ability to compete in the open labor market... that's how PPD works, that how the AMA guides are structured. You have a 5% loss.
    I keep asking for further testing, but yet he and work comp states there is no other treatment or tests available for me and said he would no longer see me. It's hard to understand since the only test I have had done is a MIR, CT, and hearing test the day after the injury.
    Have you requested a change in Dr,?, requested second opinions.
    You can get those on your own... develop the record, support your claim for a higher PD rating. It's all based on medical evidence.
    Being MMI does not mean you won't be provided further medical care... just that your condition is not expected to change in the next year or so, for better or worse, with or without that treatment.
    So, basically, "you is the way you is, for the forseeable future".

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