What Can I Expect at the BRC

[jimi]

I have "jumped" through the hoops and am headed to the BRC but I cannot get any kind of an answer from my atty. Here are the numbers. I have been given an impairment rating of 7% to the body as a whole for my back injury. I cannot return to my line of work ever! I made about 900-975 a week and have about 27 years left before I can retire. Any ideas about how the settlement will play out?

---------- Post added at 09:30 PM ---------- Previous post was at 09:29 PM ----------

thanks for any help I can get

[BvIA]

I cannot return to my line of work ever! I made about 900-975 a week and have about 27 years left before I can retire. Any ideas about how the settlement will play out?

You are entitled to the number of weeks PD indemnity associated with the 7% PD rating.
There is no money for wage loss until you retire.
You could be offered VR/Vocational Rehab services for job training in another field.

No guarantee of a cash settlement... that is a negotiation between you and the ER/IC. Could be some cash for future medical reimbursement.

[WCGuru]

The only thing that would be negotiated at the BRC is the permanent partial disability that you retain due to the injury. If the 7% body as a whole (BAW) rating is correct, and you can't return to work, then your PPD (if settled) would generally take into account your age, education level, past work experience, any medical restrictions you have (in other words things that are relevant from a vocational loss standpoint).

The maximum limit is no more than 6 times your medical impairment, though no company is going to voluntarily pay that. In most cases without a return to work, you're probably looking at around the middle of the range, or 3x your impairment rating. That would be 21% PPD to the BAW. That would probably be the absolute maximum that an IC would voluntarily pay on most claims, without being ordered to do so by a Court.

Your benefits are calculated at 66 2/3% of the average weekly wage, and you'd multiply your percentage of PPD times 400 weeks (for the BAW injury). For ease of use, using your estimate of $900 AWW, the comp rate would be $600 per week. Assuming 21% PPD, that would be 84 weeks of benefits times $600 per week, which would be $50,400. Again, this is probably the top end of what might be paid voluntarily. Your attorney gets 20% of that, or about $10K.

Future medical treatment is left open. Tennessee does not provide for any vocational retraining benefits under its workers' compensation laws.

If you don't settle at BRC, then you would probably be headed to a trial in front of a Judge in an actual courtroom, as once the BRC is completed, the administrative process with the Dept. of Labor is completed. Depositions and trial would probably take anywhere from 12-18 months to get done.