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  1. #1
    Join Date
    May 2011
    Posts
    2

    Red face Disabilty Settlement

    I live in oregon and have had on the job injury to both my knees that resulted in torn mensicus surgery, the 1st time I signed off for what they said the disabllity was worth, but since the 1st injury I have had surgery on my other knee, which the Dr just released me and Saif determined that I have a 2% disability which is worth $1600. I disagree because both of my knees and messed up and will never be the same, the 2nd knee still swells and hurts and I can't bend, squat or kneel on it. Is this amount normal or how do I find out if I am entitled to more of a settlement.

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Disabilty Settlement

    if you want to dispute your disability you will need medical evidence that it is greater.
    at this late date your best chance of trying to get another rating is to contact an atty specializing in workers compensation.
    you can try here
    https://www.wilg.org/index.cfm?pg=publicdirectory

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Disabilty Settlement

    I disagree because both of my knees and messed up and will never be the same, the 2nd knee still swells and hurts and I can't bend, squat or kneel on it.
    Ratings, even in OR which is state specific, can be complex issues. For the knee/lower extremities, there is consideration given to 'flexion' and 'extension'. (see pg 69/70 http://oregonwcd.org/policy/rules/do...5/35_10051.pdf) Then pg 75 for additional factors taken into consideration.

    Because your knee "will never be the same" and hurts/swells, has already been taken into consideration when the Dr evaluated and rated you. Info on Dispute Resolution is here http://www.cbs.state.or.us/external/.../disp_res.html
    index here http://www.oregon.gov/DCBS/wc_subject_index.shtml

  4. #4
    Join Date
    May 2011
    Posts
    2

    Unhappy Re: Disabilty Settlement

    I understand partially, but my concern is that i am still having issues from not just one of the injuries but both of them, i do not feel that 1600 is compensations for my wages while being off, I stil am unable to walk very far distances, I cannot put any pressure on my knee area, and this is required on the job while preforming some of the duties, i cant walk, run bend or squat and dont know how long this will last, even sitting down on a toilet and standing is painful. If I stretch my legs cramo for no reason, knots in the back of my right leg. and it is stiff mostly all the time. i told the Dr this and he said well its only been 2 1/2 months. Now i have the future tolook forward to in both knees getting arthirtis alot earlier than normal. $1600 doesnt feel fair for this much damage while preforming my job duties.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Disabilty Settlement

    i do not feel that 1600 is compensations for my wages while being off,
    You already rec'd compensation for your wage loss...that is the TTD you were paid...66% of your average weekly wages... there is no more.
    i cant walk, run bend or squat and dont know how long this will last, even sitting down on a toilet and standing is painful.
    I understand... but your PPD indemnity is based on your loss of earning capacity, or ability to compete in the open labor market... .not your continuing pain or ability to function in daily activities...that would be "pain and suffering" which is not paid in a comp claim.
    Now i have the future tolook forward to in both knees getting arthirtis alot earlier than normal. $1600 doesnt feel fair for this much damage while preforming my job duties.
    the state legislatures have come up with a way to calculate how EE's will be compensated for the their injury. WC is a trade off for giving up the right to sue the ER in civil court. You/we are provided medical care, wage replacement while treat/recovery and indemnity based on PPD rating.
    That's it.
    With out the comp system, there would be NO wage replacement/TTD, no medical care, no PPD indemnity, and you'd have to actually sue in court, which could take YEARS to get to trial..and you'd have to prove your ER is at fault for the injury. Not always an easy thing to do. With NO guarantee of any moneytary damanges awarded by judge or jury. That's a risk IW's are not faced with.

    If you want to dispute your rating...request a IME, and file for a hearing in comp court.

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