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  1. #1
    Join Date
    Aug 2019
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    2

    Default Impairment Rating for Loss of Testicle

    My work injury resulted in a emergency orchiectomy of my right testicle. I've since reached MMI and seen an impairment rating doctor who rated me at 5%. I'm wondering if this is a fair rating? I've read over the male reproductive organs section in the AMA guides and it mentions that percentages may be increased by 50% for those under 40 years of age (I'm 31), but I see no mention of this in the doctor's report.

  2. #2
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    3,756

    Default Re: Impairment Rating for Loss of Testicle

    You should talk to local workers' comp lawyer about this. Your injury is an uncommon one in the comp world. Here in NC, we have a pot of money that can be awarded for that without reference to any rating. But a rating is based on the idea that one's ability to work has been impaired by the injury. It is hard to imagine what job task would be impaired by your particular injury.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
    Join Date
    May 2010
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    588

    Default Re: Impairment Rating for Loss of Testicle

    Quote Quoting complwyr View Post
    You should talk to local workers' comp lawyer about this. Your injury is an uncommon one in the comp world. Here in NC, we have a pot of money that can be awarded for that without reference to any rating. But a rating is based on the idea that one's ability to work has been impaired by the injury. It is hard to imagine what job task would be impaired by your particular injury.
    If it was real.....? Could you file a 3rd party if one is young enough?...Losing one would sure be hard to prove any loss?....Almost sounds like a joke, IMHO.

  4. #4
    Join Date
    Aug 2019
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    2

    Default Re: Impairment Rating for Loss of Testicle

    Quote Quoting complwyr View Post
    You should talk to local workers' comp lawyer about this. Your injury is an uncommon one in the comp world. Here in NC, we have a pot of money that can be awarded for that without reference to any rating. But a rating is based on the idea that one's ability to work has been impaired by the injury. It is hard to imagine what job task would be impaired by your particular injury.
    Does that apply in Texas as well, that an impairment rating is based on how a person's injury affects their ability to work?

    I've inquired with two different law firms, both of which have yet to get back with me. I'm starting to think I might just have to accept the 5% rating.

  5. #5
    Join Date
    Oct 1971
    Posts
    5,046

    Default Re: Impairment Rating for Loss of Testicle

    Quote Quoting evillanueva24 View Post
    My work injury resulted in a emergency orchiectomy of my right testicle. I've since reached MMI and seen an impairment rating doctor who rated me at 5%. I'm wondering if this is a fair rating? I've read over the male reproductive organs section in the AMA guides and it mentions that percentages may be increased by 50% for those under 40 years of age (I'm 31), but I see no mention of this in the doctor's report.
    You need to post the relevant chapter and source for your info.
    If that's true, your impairment rating would increase to 7.5 which would entitle you to 22.5 weeks of Impairment Income Benefits (IIBs)
    The (DWC) may add the additional 50% when it approves your settlement, I believe the doctor just provides the the raw rating.

    Impairment Income Benefits (IIBs)
    You may be entitled to Impairment Income Benefits (IIBs) if you have a permanent impairment from a work-related injury or illness.
    IIBs are determined by your Impairment Rating (IR). An IR describes the degree of permanent damage to your body as a whole. A doctor or other health care provider will assign an IR. This generally happens when an injured employee reaches Maximum Medical Improvement (MMI), which is when the employee is as well as he or she is going to be after treatment.
    To determine IR, a doctor will use the 4th Edition of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment.

    Your IR determines if you are eligible for IIBs. If you are eligible, you get three weeks of IIBs for each percentage of impairment.
    Example:
    if you receive a 10% IR, you will receive 30 weeks of IIBs. That's because three weeks of IIBs are paid for each percentage of impairment (10 x 3 = 30).
    To find out how many weeks you would receive, call 800-252-7031 Ext. 1.
    https://www.tdi.texas.gov/wc/employe...irmentben.html

    From what I've seen in other states, loss of one testicle can pay anywhere from 30-52 weeks of permanent impairment benefits, it looks like Texas pays according to the Impairment Rating only.
    Wait and see what a lawyer says, it may not be worth the legal fees to fight over 2.5 weeks of benefits if needed.

    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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