• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Percentage ? Schedluled loss of use

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Crankcase

Junior Member
What is the name of your state? New York
I've had a Shoulder injury at work, torn rotor cuff. this has been going on for two years, with two surguries, And removal and scraping of bone. My question is When I went to my doctor for my scheduled loss of use he told me " By law I can only give you 27 percent" But I beleive that to be wrong, I cannot lift my arm over my head. Is the 27% true?
There have been others at work that have received 37% and 55%.
 


tjr5150

Member
Why would you think others got more than you for the same thing? If they told you then they are stupid for doing so.. Doctors have to go by the book when it comes to impairment ratings, so if he gave you %27 then that is what you got.. Don't like it file for an IME..
 

Crankcase

Junior Member
To answer your question "Why would you think others got more than you for the same thing?" The others are 2 people that work where I do, And they both have had the same surgery and have more movement than I do, but they have received more of a percentage of loss. ( or so they say )
I,m not accusing anyone of anything, I just dont know how the Comp laws work, or how Scheduled loss of use is determined.
And I was'nt thinking of going to and Indepenedent medical examiner.
Thanks for the reply.
 

tjr5150

Member
Crankcase said:
To answer your question "Why would you think others got more than you for the same thing?" The others are 2 people that work where I do, And they both have had the same surgery and have more movement than I do, but they have received more of a percentage of loss. ( or so they say )
I,m not accusing anyone of anything, I just dont know how the Comp laws work, or how Scheduled loss of use is determined.
And I was'nt thinking of going to and Indepenedent medical examiner.
Thanks for the reply.
Like you said, so they say. This may or may not be true..
An IME doctor can be good for you in the sense that he/she may disagree with the main doctor that you are at MMI.. If an IME doctor disagree's with that then you would be able to continue theraphy or even have a surgery again.. The IME doctor could recomend a good surgeon, trust me I went through this and for me it was a good option.. Again this is just my opinion and what I chose to do..
Goodluck with your decision..
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top