Whole Body

[Oilman90]

Hi all, I am currently collecting workers comp and have just reached mmi. I do have a lawyer but am looking for a little clarification. I have a total of 6 herniated discs and four bulging discs in all three levels of spine, I’ve had four epidural injections. As part of the same case I also had surgery to repair a torn rotator cuff and torn labrum. I am currently waiting for my doctors disability rating. When calculating a whole body disability am I assigned a disability rating for each body part? Cervical,thoracic, lumbar and shoulder and then they’re added together? I’m 20 months post injury and ortho found my shoulder mmi a few months ago at 30% loss. Thanks in advance for any input.

[tony]

When calculating a whole body disability am I assigned a disability rating for each body part?

Yes, certain body parts fall under a scheduled loss and are paid according to the loss of use.
Non-schedule benefits are based on the permanent loss of earning capacity.

Here's the Schedule Loss of Use Award according to body part.
Understanding Your Schedule Loss of Use Award
http://www.wcb.ny.gov/content/main/W...ledLossUse.jsp

Herer's the chart for Non-Schedule disability's based on loss of earning capacity.
http://www.wcb.ny.gov/content/main/W...Disability.jsp

Tony

[Oilman90]

Yes, certain body parts fall under a scheduled loss and are paid according to the loss of use.
Non-schedule benefits are based on the permanent loss of earning capacity.

Here's the Schedule Loss of Use Award according to body part.
Understanding Your Schedule Loss of Use Award
http://www.wcb.ny.gov/content/main/W...ledLossUse.jsp

Herer's the chart for Non-Schedule disability's based on loss of earning capacity.
http://www.wcb.ny.gov/content/main/W...Disability.jsp

Tony

I’ve seen that, but does that mean I’ll get a slu for the shoulder separate from my neck and back? I was under the impression that it would be included in a whole body rating

[tony]

I’ve seen that, but does that mean I’ll get a slu for the shoulder separate from my neck and back? I was under the impression that it would be included in a whole body rating

There are too many variables that come into play to give a definite answer - Usually, shoulder injuries are included in the schedule if it's related to an arm injury.
You need to ask your lawyer - he knows the details of your claim.

Tony

[Goose58]

I was wondering the same thing. Have injuries to both scheduled and non scheduled parts of body

[tony]

I was wondering the same thing. Have injuries to both scheduled and non scheduled parts of body

Then you would look at the above charts and find the amounts according to the injuries.

Tony