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  1. #1
    Join Date
    Feb 2017
    Passaic, NJ

    Default How is the Percent of Permanancy Determined

    My wife has a knee injury and, although she has had surgery, she is not able to use the leg due to pain in the knee. The W/C doctor has said this is a 10% permanent disability of the leg. She has great difficulty standing up/sitting down, is unstable on her feet without crutches, has a great deal of difficulty with stairs, and can't drive. We're trying determine what level of permanency is appropriate.


  2. #2
    Join Date
    Jan 2007
    PA, but worked in NJ

    Default Re: How is the Percent of Permanancy Determined


    Welcome to the NJ WC Forum,

    It would be helpful to know the type of injury and/or type of corrective surgery your wife had or gone under?? Yes pain is considered in all impairment ratings so I am guessing this guesstimate was made by a employer paid Dr.
    Unfortunately your determination does not factor into the final rating as it is determined by Drs who are known experts in their respected fields sadly the ins Drs dont seem to honor the oath they swore to undertake as they have top notch credentials but always seem to come up short on the rating of impairment. Your only defense to this is to have an experienced WC lawyer who also has Drs with top notch credentials
    and they seem to come in a little and some times MUCH higher than the ins Dr did in the impairment rating . Then the Judge will ask you questions as he may the lawyers to get a full feel of your case and your credibility is all you have to bring to court so NEVER get caught in any fib or exaggeration of pain, as she most likely has been under surveillance for many months. The Judge typically grants an impairment between the two ratings given by the Drs after considering her testimony and other relevant facts of her case. A total knee replacement would net the highest rating if it failed to relieve the pain or made it worst.If she has another limb that is unusable she is considered totally disabled under SSA rules in most cases and this changes the whole picture of this scenario.

    I wish your wife a faster recovery as its best to get back on her feet and back to work ASAP. That's how the system has been changed over the last 100 years

    Please return if you have more info you feel safe sharing if not PM me??


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