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  1. #1
    Join Date
    Mar 2011
    Posts
    58

    Default 10% Permanent Impairment Rating

    My workers compensation claim was made in the State of: Mississippi

    Hello, To Tony, BIVA .SH and many others that I have written to, please read my Docotr final report:
    [Quote]
    he is 2 months out from his laminectomy. His leg is better. he said that he is still having significant back pain. He does have a degenerative disc at 4-5. he has been off work since Jan. 2011. I dont think that a back fusion will get him back to work and that much better. At This Juncture, I dont think it is a reasonable option for him. We will give him an additional 10% permanent impairment rating of the person as whole due to this surgery and this event and release him without any new addiotional restrictions. We can see him back if needed. he will get his pain meds from his family doctor.[unquote]

    I was awarded SSDI in 2012, Im a Electrician by trade with programming duties in a manufacturing setting was grossing $55,000-$75,000 per year, $422.00 a week TTD.. What is next at this point please? What does an additional 10% add with?

    Happy Fathers Day To All!!!!

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: 10% Permanent Impairment Rating

    Additional 10% is apparently referencing a prior report that contains a PD rating.
    The higher your PD rating the more weeks of PD indemnity benefits checks you are due.

    Your condition has reached a plateau, or MMI, that doesn't mean a surgery may not be beneficial down the line.

    The next point whould be your TTD stopping, and PD indemnity benefits begin...usually on the same schedule as TTS is paid.

    If there is discussion regarding a settlement, you would need a WCMSA proposal prior to negotiating any buy out of the medical in this claim

    Talk to your atty, discuss your options.

  3. #3
    Join Date
    Mar 2011
    Posts
    58

    Default Re: 10% Permanent Impairment Rating

    Thanks BvIA

    They wanted to talk settlement before sugery and i refused of course for no one no t knowing how surgery would turn out.. i was wondering did my docotr leave an opening for future medical/sugery and you stated it was.. Thanks... previous Doctor reports he always say that i will always be disable but gave me only a 10% rating.. confused with that.. before surgery i was giving 1% WPI by an IME.

  4. #4
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: 10% Permanent Impairment Rating

    Mississippi uses the AMA 6th edition to rate impairment.

    In my opinion 2 months post operation is too soon to determine that maximum medical improvement has been reached.
    even though the final rating may not change between now and when you are MMI that is not what MMI means ...
    and it short changes the worker many thousands of TTD $$ for the doctor to make such a premature determination.
    I would fight it.
    get a second opinion on whether there has been or will be any improvement in your function and medical condition.
    this is a judgement call by the doctors but can be worth some $$ at the settlement negotiation table.

    hopefully you have an atty to discuss such a strategy.

    here is how the 5th edition might rate a spinal impairment
    http://www.neurosurgical.com/insuran..._for_spine.htm

  5. #5
    Join Date
    Mar 2011
    Posts
    58

    Default Re: 10% Permanent Impairment Rating

    I agree .SH

    3 weeks ago my Docotr said we would try pysical therapy again since this is an after sugery PT, but when i go to see him with my back pain at worse since surgery, i thought he wasnt like me complaining about my leg was better ,but my back pain has gotten worse.. he just said he was going to rate me (just that simple) I was confused in felt left alone. i just got the letter of rating Saturday and i do have an attorney that I will give the ball to and with my concerns and knowledge that I've gotten from you guys statements i will be shooting for more treatment and a MRI since my surgery.. he was a new Docotr that i only seen for 3 months as my Spine Docotr for 3 years retired due to health issues..

  6. #6
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: 10% Permanent Impairment Rating

    I'm not sure pain -which is subjective- is any better measurement of MMI then permanent impairment.
    these can be terms of art and purely at the mercy of the doctor's vocabulary.
    the strongest negotiating position comes when you have the supporting medical opinion of a doctor your local comp board values very highly.
    get that and a TTD issue on the MMI finding and the carrier will be loath to take the case to trial and should be more willing to accept your settlement figure.

    as you have surmised don't just negotiate on impairment.
    create as many "bargaining chips" for you as you can: MMI, additional treatment, penalties, TTD, rate, travel and out-of-pocket reimbursements, big ticket medical issues, etc, are all worth something when the parties sit down to make a deal.

    and don't forget to ask for a little upfront advance cash just for signing an agreement-- as the final check can often be months away even when a verbal deal has been made.

    let us know how it turns out.
    Last edited by .SH; 06-16-2013 at 10:41 AM.

  7. #7
    Join Date
    Mar 2011
    Posts
    58

    Default Re: 10% Permanent Impairment Rating

    Thanks .SH

    I will definitely keep you guys informed with every step in my process,i have read so many pages in this forum thats been knowledgeable and very helpful with due process,I'm hoping that maybe my step by step status can help someone else.

    - - - Updated - - -

    A previous court ordered IME gave me a 1% WPI plus my New treating doctor added 10%.. For my Docotr to say i will never have gainful employment again, that number is pretty low right?

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