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  1. #1
    ejreiss Guest

    Default Permanent Partial or Permanent Total Disability

    I was wondering if someone could help me out. I have had several back injuries and now as a result of all my injuries the doctors are saying I won't be able to do any kind of work at all. One doctor said I could work a maximum of four hours a day. Can you tell me what is the difference, I thought this would be considered permanent total disability. Is there a chance they might rate based on permanent partial disability and what is the difference? Is it considered permanent total if you can't do any work at all?

  2. #2
    sh Guest

    Default

    Yes; total is no work or 100% rating.
    Each state has it's own disability schedule. Payments are proportional to the severity of the disability with total being the highest.

  3. #3
    ejreiss Guest

    Default

    well then am I considered permanent total if the doctors are saying I can't work ever. I am just wondering because I went to Ime's and my doctor said " petitioner is totally disabled orthopedically to the extent of 100%" on his report. The ins carrier sent me to two ime's and
    the first one said "Permanent neurologic disability is assessed at 7 1/2% of partial total, permanent neuropshychiatric disability is assessed at 2 1/2% of partial total for a total of 10% regardless of cause." The other ic ime doctor said "medical impairment rating is 20% of partial total." Then why are they rating me at percentage values in these assesments if I am considered permanent total. According to nj's wc site permanent total would pay 70% of salary and does not have a schedule of payment like permanent partial. Is it possible ic is trying to say I am not permanent total? Another question I have is what does the ic's doctor mean by saying "20% of partial total".

  4. #4
    yavonnerelyea Guest

    Default

    The ime's get paid by the ins. company to work for them, not your own doctor. I have been disabled since 2001, but my doctor has me total and the ins. company has me temp. partial. Get a good lawyer

  5. #5
    sh Guest

    Default

    The doctors are not saying 100%; only one doc is saying 100% "orthodpedically" which is not whole body and very misleading. Of course New Jersey has permanent partial. you must be looking in the wrong place
    http://www.nj.gov/labor/wc/benefit.htm#PP
    Yes the other docs are saying you are far from total.

  6. #6
    ejreiss Guest

    Default

    I didn't say nj has no permanent partial. I just said that they base you settlement on a
    a schedule of payment chart which is determined by percent ratings whereas permanent total has no schedule of payment chart, you get 70% of salary if permanent total is determined. As far as I gather from reading nj's site this is how determinations are made. I could be wrong this whole thing is very confusing. My biggest concerns is are they saying I am not permanent total because my lawyer told me she talked with their lawyer and told me they are not arguing the fact that I am perm total, the ins carrier even told me to go apply for second inj fund which you have to be total to be accepted for that. However reading their ime's sounds like they are saying I am not total. What does the doctor mean by saying partial total, I thought you could be either perm partial or perm total, partial total is a very contradicting and confusing term.

  7. #7
    pt Guest

    Default

    Had you already been deemed partially disabled prior to this current, work-related injury ?

    If so; the prior and subsequent injuries when 'combined', could therefore result and now qualify as a 'perm total' disability as they relate to the SIF - The current injury 'alone' being only 'partial'.

    Hopefully, I'm understanding this, and it can be of some help to you.


    PT

  8. #8
    ejreiss Guest

    Default

    Thanx very much for your help. I had an injury in 99' that was not wc therefore it was never rated. I had 2nd inj at same level of back in 01' that was wc and was rated at end of treatment but still was an unsetteled open case. I had 3rd injury in 03' which is current disabling injury and it was rated. 3rd case was also separate wc injury.

    also what effects does this have on ic/employer. What is their liability besides medical care while on ttd? Sory so many questions, just want to know where I stand in future.

  9. #9
    pt Guest

    Default

    That would explain it, then.

    An application would be made to the SIF which will pay the percentage of disability benefits not attributal to the most 'recent' employer. ( Your Lawyer/yourself - (SCF Form *161).

    *There may also be additional benefits provided you - Please ask that your Lawyer explain any details as they relate to your situation.


    Good luck to you.

  10. #10
    ejreiss Guest

    Default

    where can I get info on what other benenfits may be available? I would rather find out myself before I talk to the lawyer about it.

    So I guess if it were determined that the doctors said 20% of disability was due to at work injuries and 80% were due to pre-existing injury then the liabilities would be split
    20:80, ic:second injury fund respectfully.

    My only wory is if the second injury fund doctor
    examines me and says I am 60% disabled then does this mean ic pays me 20% and I have no income from second injury fund. Is this a posibility
    because if it is I could posibly be screwed and I would like to know my chances of surviving in the future. From what I understand 2nd inj fund
    doctor has to rate you at 70% or higher in order to qualify. Is this an accurate assumption because I read that statistic somewhere on this site but couldn't find anything on it elsewhere online.

    sorry so many questions but I have many unanswered.

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