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  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Default 3 Surgeries, 2 Different Ratings

    I broke my forearm at work in 07 and had to have surgery to repair bone, Was given 10% DB in 09. Problems started to occur recently with nerve damage around the break. Had another surgery to the Ulnar nerve to release nerve and hopefully relieve issue. Dr. said there would be another rating. How does that work with the first rating from 3 years ago.

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,093

    Default Re: 3 Surgeries, 2 Different Ratings

    Was the first rating ever paid?

    If you get a new rating the carrier will probably want to deduct what was previously paid from the new one and pay the difference.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    Apr 2012
    Posts
    3

    Default Re: 3 Surgeries, 2 Different Ratings

    They paid the 10% in 09 , was wondering if they would treat as 2 ratings and use the combining chart or treat as 1 and subtract the first one from the new one.

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,093

    Default Re: 3 Surgeries, 2 Different Ratings

    If you new rating is 18% total, then they will pay the new 8%.

    Unless they apply the spine sequential rating chart calculation, in which case they will convert the new 8% into about 7.2% and try to pay that much. But I would argue that it does not apply to anything other than spine injuries and ratings.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  5. #5
    Join Date
    Apr 2012
    Posts
    3

    Default Re: 3 Surgeries, 2 Different Ratings

    The nurse at my plant said she thought they may use the combining chart and not just subtract first rating since first rating dealt with primarily the broken bone surgery and this one was on the ulnar nerve. I m confused, has anyone had 2 ratings on same injury separated by a year or two after first rating was already paid.

  6. #6
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,093

    Default Re: 3 Surgeries, 2 Different Ratings

    Have you looked at the official Rating Guidelines? The answer should be in there somewhere. It is posted on the NCIC web site. I think it is under either the attorneys or the medical tab.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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