NLW, It's me again.....

[lapdogg31]

What is the name of your state (only U.S. law)? KY
Hello again, hope all is well. I was wondering if you could give me a ball park figure as to what i'm gonna be looking at? I drove truck over the road and injured lower back, have had 2 surgeries and was given 13% total body impairment before the last surgery, the last surgery was a Fusion at L4, L5, S1. Have had several CT Scans, 2 Myelogram's, MRI's, EMG, and numerous X-rays, they have said they could not rule out nerve impingement at L4 L5 and there is disc protrusion at L3,L4.Also, there is nerve damage in left leg, verified with the EMG study. Is there any hope for me,lol? Based on this info what kind of figure would you put on it? There has not been a current impairment rating given yet, thanks in advance****************************

They are also in the process of transferring jurisdiction to Ky from Ar. Also, every bit of my previous work experience/training is in the construction industry of some form or another. I have completed 2 vocational schools with one being certified motorcycle mechanic and the other being a Master's welder course. I would say with my current condition it would be safe to say that i'll never be able to use any of this training anymore or do this type of work ever again, will this hurt or help my outcome in all of this? Thanks again.....

[NLW]

I'll need some more info:

What is your Date of Injury?
Do you have permanent work restrictions? If so, what are they?
What was your weekly gross pay before you were injured?
What is your date of birth?
How old were you when you were injured?

[lapdogg31]

Date of injury was 05/14/07
As for now, can't pick up more than 5lbs and no bending or squatting, have not been given current restrictions or given MMI as of yet.
weekly average pay was approximately $1200 plus, depended on how many miles driven
D.O.B. 02/24/1972
35yr old male at date of injury

[NLW]

OK, so the value of your case has the most to do with whether you can return to work earning what you made before. If you can return to work at the same rate of pay and are physically capable of performing your same work, your permanent impairment benefit will equate to around $50,000. If you cannot return to work at the same rate of and are not physically capable of performing your same work, your case is worth closer to $150,000.

These , of course, are estimates for settlement purposes.

[lapdogg31]

Ok, thanks for the info. Let me ask this then, If the Dr. had stated before i had my surgeries that I will never be able to drive a truck for a living again because of the work it entails and that i can not sit for that many hours a day, then, does that not limit my abilities to do anything else? What other factors might increase the amount of the settlement money? According to the report from the latest CT Scan/ Myelogram(10/21/08) they are saying there is a disc bulge at the fusion levels and a disc protrusion at L3,L4**************is this possible?

What happens to my case/amount if i'm determined to be disabled? Will it increase alot?

[NLW]

Your settlement depends more on how much you can earn, not what kind of work you peform. So if you cannot return to work truck driving, can you return to work doing something else making as much money? If you return to work, but make significantly less money, that will put you in the $150,000 range.

The numbers that I used assumes an impairment rating of 25%. If your rating is lower, than that would decrease the numbers. If it is higher, it will increase them. I picked 25% as the number based on your description of surgeries and the AMA Guides to the Evaluation of Permanent Impairment, which is what your doctor is required by state law to use. There are other factors that can be considered (outside of the surgeries), but without a full review of your medical records and an examination including range of motion measurements, no one could be completely accurate with determining an impairment rating number.

If it is deemed that you can never return to work again, you could be entitled to permanent total disability (PTD) benefits, in which case you would be eligible for your weekly benefit rate for as long as you are unable to work. KY allows PTD benefits when “an employee has a complete and permanent inability to perform any type of work as a result of an injury.” Keep in mind though, that if you receive another benefit - like long term disability or something of a like, your workers compensation benefits will decrease based on how much you are receiving in other kinds of benefits.

As far as your latest CT/myelogram - depending on the kind of fusion that was performed, bulging can occur.

[lapdogg31]

Thanks alot...... They did the fusion with 3 screws(pedicle,i think they are called) and rods at the top of the screws on both sides of the spine.

[lapdogg31]

Originally Posted by lapdogg31

Thanks alot...... They did the fusion with 3 screws(pedicle,i think they are called) and rods at the top of the screws on both sides of the spine.

Won't the bulging and protrusion work against me in the future?

[NLW]

Maybe, maybe not. It's impossible to say. The majority of adults in this country have bulging discs and protrusions that cause no symptoms whatsoever. No one can really explain why some become symptomatic and some don't.

[lapdogg31]

Hello again, hope all is well. Can you tell me what is the time frame by law to change the jurisdiction from one state to another(how long will it take)? How long after it is changed do they have to give me the back pay? Thanks,

[NLW]

I'm not aware of any required timeframe. It will likely depend on whether the insurance company decides to fight the issue and if the issue needs to go before a judge for an order.

Most states require payment to be issued within 30 days of a court order. I don't know of any that take longer.

[lapdogg31]

Thanks for previous info, had another visit to doctor today and was told that he see's no reason to do another surgery( thank God) but, he has said in last 2 visits to please get a 2nd opinion he would not be offended. With that said, he also said, because i'm a big framed person(280 lbs.) that it may take longer for me to not have any symptoms or that it may lead him to believe there is something else going on. He wants me to come back again in January, he said it may be a year out from surgery before he is able to give me MMI or limitations or restrictions or whatever.

With that being said, I asked him at that time or even now what may he give me as for a whole body imapirment rating and he said AMA Guide 5th Edition, page 384, number 4 or 5 I believe it was. What does this mean for me? He did say he would tell me then for sure what i will be able to do for the future but, also said that i may be disabled???? but told me to try not top worry about that yet, yeah ooooookkk

HELP please? Thanks in advance and hope you and yours has a very wonderful Holiday.

[NLW]

I am so glad for you that another surgery is not being recommended. I've seen so many cases where back surgery doesn't eliminate back pain, and can actually make it worse! Generally, surgery is only warranted when you have a NERVE problem, or instability of the spine.

I reviewed the AMA 5th Edition, page 384. Using category 4, the impairment rating would be between 20-23%. Using category 5, the impairment rating would be 25-28%. I think he is thinking the same range as I was, which would put your settlement range in the same area that I mentioned previously. If your post-injury earnings is substantially less than it was pre-injury, I'm thinking about $125,000 - $150,000 would be your entitlement. This is meant to compensate you for lost earnings/earnings capacity - it is separate and aside from any future medical benefits that you may wish to settle out.

Best wishes to you and yours for a healthy holiday season.

[lapdogg31]

Thank you so much for that info. I agree, 2 surgeries was enough and don't think i could handle another(physically or emotionally)

If i am determined disabled, which I'm waiting for the court date now, will that increase the award amount any? What about the future medical benefits? Is there a dollar amount plus future medical or just one or the other? I'm just trying to get a number($ range) of the total award amount i should be looking for? Will the award amount increase also if there is a problem found by the Psychologists and Urologists?

Once again thanks for your help and Happy Holidays to you and yours.

[NLW]

The impairment rating is given for disability. Your doctor has already indicated that you are disabled by indicating the rating that he would give. This is for partial disability - meaning you are permanently, partially disabled as a result of your injury. If you are permanently totally disabled ( you can't work at all ), you will be entitled to your weekly benefits for life.

If the other doctors feel that you are permanently partially disabled, they will also rate your conditions using the AMA 5th Edition. This is the only way that your award will increase, unless you demonstrate that you can never work again.

This impairment rating does not factor in future medical benefits. You can choose to leave your medical benefits open, or you can negotiate a settlement amount to compensate you for the costs associated with future medical care. If you choose to settle your future medical, you'll need to get an outline from your doctors indicating what your future medical needs will be.

Have you applied for social security disability benefits (SSDI)? OR are you receiving Medicare benefits currently? Once you have qualified for SSDI you are eligible to receive Medicare benefits within 30 months of eligibility. Once you are receiving Medicare benefits, or are determined that you qualify within 30 months, settling out future medical care gets a little trickier - it is long and complicated, so I will explain it later if you think it applies.

Keep in mind, SSDI only applies if it is determined that you cannot ever work again.