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  1. #1
    Join Date
    Jun 2020
    Posts
    2

    Cool Permanent Partial Disability vs Slu

    My workers compensation claim was made in the State of: NEW YOK NY



    I was injured 5/2019 reaced MMI 2/20. Final IME was completed 5/20. My doctor found me SLU with 20% on both shoulders. The IME doctor declared no SLU and declared Permanent Partial Diability of the cervical spine with 11.1 impairment table severity ranking class 1 none. ( What does that mean). I called the wcb who informed me because the doctors found a two different types of disability ratings and types a hearing will be set.

    Which one will rule in a higher settlement?

    How do i calculate Permanent Partial Disability? I am able to do the 20% for both shoulders SLU.

    Can a judge rule for both doctors opinion? How do the judger decide when doctors have two different findings?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,155

    Default Re: Permanent Partial Disability vs Slu

    11.1 impairment table severity ranking class 1 none ( What does that mean)
    It means he's saying you're like new.
    Ranking class 1 means no symptoms, no clinical findings.

    New York State Guidelines for
    Determining Permanent Impairment and
    Loss of Wage Earning Capacity
    Table 11.1: Soft Tissue Spine Conditions - Non Surgically Treated
    1. Table 11.1 requires a minimum duration of six months of symptoms from the time of the injury to
    the impairment rating and no surgical intervention.
    Class 1. Medically documented injury with:
    no symptoms;
    no clinical findings

    https://smcexams.com/client-resource...rmentGuide.pdf

    How do i calculate Permanent Partial Disability? I am able to do the 20% for both shoulders SLU.
    You're eligible for a max of 312 weeks so you would receive 20% of 312 which equals 64 weeks of SLU benefits if you prevail.

    Using this schedule, your award is calculated based on the following:
    1. The body part you injured.
    2. The percentage of loss of function or SLU % as decided by the Judge.
    3. Your average weekly wage.
    Your average weekly wage (AWW) is based on your total gross earnings for the 52 weeks before the date of injury or
    illness (not take-home pay), including overtime and other compensation. Your AWW is calculated by dividing your total
    gross earnings by 52. For example, if your gross earnings are $”x”, you would divide “x” by 52 to obtain your AWW.
    http://www.wcb.ny.gov/content/main/TheBoard/SLU.pdf

    Can a judge rule for both doctors opinion? How do the judger decide when doctors have two different findings?
    They will weigh all reports and make a determination based of the most credible evidence.
    You'll probably end up with half of that 22% rating.

    What happens after a doctor’s medical report is submitted?
    If the insurer does not agree with your doctor’s
    percentage, the insurer may obtain an opinion
    from its consultant or Independent Medical
    Examiner (IME).
    ▪ The Board will consider the medical reports on
    permanency and SLU percentage from your
    doctor and the IME, and will issue a decision
    about your SLU percentage.
    http://www.wcb.ny.gov/content/main/TheBoard/SLU.pdf

    If you don't have a lawyer, now's the time to retain one.

    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.

  3. #3
    Join Date
    Jun 2020
    Posts
    2

    Default Re: Permanent Partial Disability vs Slu

    Yes, I currently have a lawyer. They informed me we are waiting for a hearing date. When i checked the wcb ecases it has an unset hearing date for July 2020. In regard to the multiple ody parts my doctor said i have 20% on both shoulders... would that then make the percentage 40% they will use. Also at the hearing when the judge make decsion on the case based off the two doctors finding (which is completly opposite my doctor have slu 20% both shoulder and the insurnace doctor have me at PPD- cervical spine impariment of 11.1). I want to try tp plan out some finances if i could have an idea

  4. #4
    Join Date
    Oct 1971
    Posts
    5,155

    Default Re: Permanent Partial Disability vs Slu

    In regard to the multiple ody parts my doctor said i have 20% on both shoulders... would that then make the percentage 40% they will use.
    If that where the case he would've stated it that way. He gave you a 20% rating, that's what they will look at.
    It says 20% on both - not 20% on each totaling 40%, without knowing the type of injury it's impossible to comment further.
    Ask your lawyer specific questions relevant to the report, he knows the details of your claim.

    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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