• 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.

schedule 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.

J

JD698

Guest
What is the name of your state? New York

I had an on the job injury which required surgery to my dominant wrist. I was out of work for 3 weeks after the surgery (which didn't get approved by WC until 8 months after the injury). I have finished therapy and my doctor gave me a 17% loss of use of my hand. I am scheduled for an "independent" medical examination by the State Insurance Fund's doctor.

After he determines what he feels is my % loss, how is compensation determined? Is there a table that is used to determine the actual dollar amount?
 


Beth3

Senior Member
JD, this is just general information only. WC reg's vary by State and I am not in NY.

When it comes to determining a PPPD (permanent partial disability) rating, there typically are two types of injuries - scheduled and unscheduled. For a scheduled injury, yes, there is a specific dollar value put on the impairment. If I'm unfortunate enough to cut off my pinky finger in the paper cutter this afternoon, that has a specific dollar value. If it's my index finger, that has a higher dollar value. If I manage to wack off my entire hand, that has another dollar value, and so on.

Unscheduled injuries are those where the rating is determined by the degree of impairment. You haven't lost your hand but you have presumably loss some function of it. The impairment rating will be determined by the opinions of the doctors you see who are qualified to give an opinion. The way this frequently works is that the employee's physician recommends a high impairment rating, the IME physician (who is supposed to be more objective), something lower, and the impairment rating is compromised somewhere in the middle and then is approved by the State.
 

Find the Right Lawyer for Your Legal Issue!

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