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  1. #1
    Join Date
    Jul 2017
    Posts
    1

    Default Impairment Rating

    I am a CBP employee and recently had surgery for a torn meniscus (the injury was work related) The Doctor removed 50% of my damaged meniscus. I make approximately 85k a year. What is the formula for an impairment rating and what is a "scheduled award"? And how much would I get? Ballpark.... I didn't know these things existed? I got confused at what an "impairment rating" was? Any one familiar with federal workmens compensation?

  2. #2
    Join Date
    Jun 2018
    Posts
    1

    Default Re: Impairment Rating

    Did you ever get an answer to your question? I have a similar situation to you. I am curious what the maximum impairment for a knee is and what the pay out was for you?

  3. #3
    Join Date
    Oct 1971
    Posts
    5,009

    Default Re: Impairment Rating

    Jeffske
    I am curious what the maximum impairment for a knee is and what the pay out was
    Impairment isn't the only factor in figuring the value of a claim - PPD is determined by loss of earning capacity.

    2. Impairment and Disability. Impairment is a medical concept, and any evaluation of impairment must rest upon medical evidence. Disability, on the other hand, is an economic concept which reflects a claimant's inability to earn wages comparable to those received before the injury. The degree of impairment is a major factor in evaluating disability, but it is not the only one; others include age, education, and work history. The kinds of permanent disability and impairment are as follows:
    b. Permanent Partial Disability (PPD). In disability which is permanent in nature but only partial, compensation is based on the difference between the wages earned at the time of injury, disability, or recurrence, and the wages the claimant is capable of earning after the injury. This difference is called loss of wage-earning capacity (LWEC). See 5 U.S.C. 8106.

    The degree of impairment is established by medical evidence and expressed as a percentage of loss of the member involved. Permanent impairment may originate either within the affected member or in another part of the body. For instance, a back injury may result in impairment to a leg, for which a schedule award would be payable. See, Veronica Williams, 56 ECAB 367 (2005) (ECAB noted that the members and functions listed in the schedule award provision and the regulation do not include impairments of the back or the body as a whole. A claimant, though, may be entitled to a schedule award for a permanent impairment to the leg if the cause of the impairment originated in the spine citing: John Litwinka, 41 ECAB 956 (1990), which noted that Section 8107(a)(1) of the FECA states a schedule award is "payable regardless of whether the cause of the disability originates in a part of the body other than that member."). A claimant may also receive an award for more than one part of the body in connection with a single injury.
    https://www.dol.gov/owcp/dfec/regs/c...up2.htm#208082

    You need to have your case evaluated by a professional to determine the value based on the facts of your case - each claim is unique, what applies to one may not apply to you.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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