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  1. #1
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    May 2019
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    Default Shoulder PPD of 10% Trying to Find Out What the Payout Will Be

    My company is based in Memphis, I work in Illinois and live in Wisconsin. My workers compensation claim was made in the State of Wisconsin I believe.
    Had therapy and surgery to my shoulder over a 4 month period, all under Workers Comp., I have been back to work for 1 month now, My shoulder rating is 10%. What should I expect to receive from my work Comp Co. for this rating in Wisconsin?

  2. #2
    Join Date
    Oct 1971
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    5,049

    Default Re: Shoulder PPD of 10% Trying to Find Out What the Payout Will Be

    Quote Quoting Wings View Post
    My company is based in Memphis, I work in Illinois and live in Wisconsin. My workers compensation claim was made in the State of Wisconsin I believe.
    Had therapy and surgery to my shoulder over a 4 month period, all under Workers Comp., I have been back to work for 1 month now, My shoulder rating is 10%. What should I expect to receive from my work Comp Co. for this rating in Wisconsin?
    Depends on how they applied that rating. If they say it's 10% loss of use of your arm you're entitled to a max 0f 500 weeks divided by 10 which is 50 weeks of perm benefits.
    If that rating is for a non- scheduled part like your shoulder, it's then worth a max of a 1,000 weeks divided by 10 which equals 100 weeks of perm disability benefits.
    If you're back to work and have no loss of earning capacity that may complicate things, you better consult a lawyer to find out where you stand.

    Nonscheduled Injuries Are Paid As A Percentage of 1,000 Weeks
    For permanent injuries which are not listed on the schedule of injuries, such as internal injuries to the head, back or torso, a medical estimate has to be made as to the amount of permanent loss. The amount estimated is then taken as a percentage of 1,000 weeks. For example: an employee who suffered a herniated disc to the back receives a doctor's estimate of 10% PPD. The employee is entitled to 100 weeks of PPD benefits (10% of 1,000 weeks). Claims for loss of earning capacity can be made only in cases of nonscheduled injuries.

    Nonscheduled injuries take into account the employee’s ability to perform in the labor market after the permanent physical disability has been determined. Benefits help make up some of the loss of ability to perform in the labor market.

    If an employee returns to work for the same employer at no more than a 15% wage loss, compensation is payable only for the physical disability. However, if the employer cannot continue to provide suitable employment or if the worker is physically unable to do the job, the claim for a loss of earning capacity may be reopened.

    Amount: Permanent partial benefits for both scheduled and nonscheduled injuries are computed at two-thirds of a maximum average permanent partial weekly wage provided for in the law at the time of injury.
    (For details see the Worker's Compensation Web Site Publication List, under WKC-8486-P, Monetary Conversion Tables of Disability.
    https://dwd.wisconsin.gov/dwd/public...580.htm#weekly

    Partial Disability
    •IMPAIRMENT RATING
    The Wisconsin workers' compensation statute identifies two types of permanent partial disability. The first is for a scheduled injury and the second is for an unscheduled injury. The scheduled injuries are identified as follows:
    Arm at the shoulder 500 weeks
    https://wiki.theclm.org/wiki/242#Par...DEOYt2c2qMLaPA

    My company is based in Memphis, I work in Illinois and live in Wisconsin.
    I believe you have the option of choosing the state that offers the best benefits between where you work and where the company is based, check with a lawyer to decide which is best.

    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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