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  1. #1
    Join Date
    Mar 2007

    Default When Does The Cap Multiplier Apply

    How will settlement be figured for 15% impairment, (neck). Have work restrictions, that will not allow me to do same job. I was a production worker so my pay would just go down to base pay if I return to work as no longer can do production work. I have been off work for 7 months now. I reached mmi, was given the rating, went to FCE. Now hear employer is debating on sending me back bringing me back to work after all this time. I have a benefit review meeting in a few weeks. I have no clue what is taking place. Lawyer said they sent a letter to workers comp for a demand of settlement. Does the cap fall into play if you can return to work with restrictions but not your same job? I have 2 herniated disc. FCE results put me in the light category for physical and poor rating for cardiovascular fitness. Whatever that means.

  2. #2
    Join Date
    Feb 2007

    Default Re: Does the Cap multiplier apply here?

    2006 is when the cap was put in place. it depends aslo if you are back to work or not on which cap you will receive either 1.5 , 6.0 ....

  3. #3
    Join Date
    Jun 2007

    Default Re: When Does The Cap Multiplier Apply

    There have been caps in Tennessee since all the way back to the earlier amendments to the TN Workers Comp Act, but they only applied to claims that were to the body as a whole (back, neck, hip, shoulder, etc.) and not "scheduled member" injuries such as the arms and legs.

    Now, all injuries that have a "value" of at least 200 weeks of benefits under the law are subject to the 1.5 and 6.0 times multiplier caps.

    This means, if you make a meaningful return to work, your recovery will be limited to permanent partial disability benefits for no more than 1.5 times the doctor's impairment rating, times the number of weeks (usually 200 for legs/arms or 400 body as a whole). It's just a bit of math that the lawyers and WC professionals do.

    If you don't make a meaningful return to work, then the maximum is 6 times the rating, using the same formula. You'll almost never get the 6 times maximum without going to trial, and even then, it's pretty tough. If you're not able to go back to work, and have other factors (limited education, work experience, etc.), you are likely to get something in the 3.5-4.0 range at a trial. If you can settle pre-trial, you're probably looking at up to 3-3.5 times.

    If your injury was just to the hand, foot, fingers, toes, or lesser scheduled members, then the caps don't apply at all.

    Hope this helps.

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