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Thread: Whole Body

  1. #1
    Join Date
    Nov 2022
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    Default Whole Body

    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, Iíve 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 theyíre added together? Iím 20 months post injury and ortho found my shoulder mmi a few months ago at 30% loss. Thanks in advance for any input.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,328

    Default Re: Whole Body

    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
    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
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    Nov 2022
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    Default Re: Whole Body

    Quote Quoting tony View Post
    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
    Iíve seen that, but does that mean Iíll 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

  4. #4
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    Oct 1971
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    5,328

    Default Re: Whole Body

    Quote Quoting Oilman90 View Post
    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
    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.

  5. #5
    Join Date
    Sep 2021
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    24

    Default Re: Whole Body

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

  6. #6
    Join Date
    Oct 1971
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    5,328

    Default Re: Whole Body

    Quote Quoting Goose58 View Post
    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
    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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