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NLW, last time I bother YOU

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mbird

Member
What is the name of your state (only U.S. law)? NH
Hi, I hope everything is fine with you.
Well, they finally schedulled my appointment for permanent losses rate.
An especialist told me that I won't be abble to do the same type of work (cable install).
My doctor said that I'm not ablle to lift more than 5 pounds, no knelling, no squatting.
My weekly WC check is $420.00 (60% of $700.00).
I know, it all depends on the % of the next doctor avaliation.
Question: How much shold be that %?
The payment will be based on $420.00 or $700.00?
Thank YOU NLW. For everything.
God bless YOU!:)
 


NLW

Member
Hi mbird, it sounds like things are moving along for you. I would first like to be sure that you know that you are entitled to vocational rehabilitation services. This means the insurance company should provide a Certified Vocational Rehabilitation Provider to assist you in finding work making as close as possible to what you were earning before you were hurt. This could be helping you with your resume and interviewing skills, identifying potential job leads, or establishing a retraining program.

I'm sorry I do not recall the nature of your injury or your diagnosis. Was it a back injury? But no surgery, is that right? NH uses the AMA 5th Edition to evaluate permanent impairment, so every doctor is supposed to use the same criteria to come up with a rating. I may be able to come up with a range (I also use the Guide to verify impairment ratings) if I know more about your diagnosis and the treatment you received.
 

mbird

Member
Thanks!

My diagnosis was 2 herniated discs and 1 protrusion of the disc.
I started doing the spine decompression for 3 months and also had 4 months of phisical therapy.An especialist told me that I won't be abble to do the same type of work (cable install).
My doctor said that I'm not ablle to lift more than 5 pounds, no knelling, no squatting.
The payment will be based on $420.00(60%) or $700.00?
Thank YOU NLW. For everything.
 

NLW

Member
OK more questions - are the herniations in your neck, mid back, or low back? Do you have nerve pain that goes into your arms (if your herniations are in your neck) or in your legs (if your herniations are in your low back)? If you have nerve pain, has it been verified by an nerve conduction study?

The payment will be $420 x % rating x 262 weeks. So for example, if you rating is 10%, you would get $11,004.
 

mbird

Member
thanks

Low back. The pain goes down to my knees( no nerve study )
(was that suposed to be 350 weeks? spine)
Thank you again!
 

NLW

Member
I apologize mbird, you are correct. The number of weeks is 350, not 262: Section 281-A:32 of the Workers Compensation Act. This is weird - my information contained the number 262, but when I reviewed the statute, it states 350. I wonder if there has been a change? You should verify with your adjuster, because if the law did change, the applicable law is based on your date of injury not your date of maximum medical improvement.

Based on your description of injury, the AMA Guide supports a rating of between 5% and 13%.

You may also be entitled to a diminished earning capacity benefit that you should discuss with your claims adjuster. You are also entitled to loss time benefits while you are participating in vocational rehabilitation.
 

NLW

Member
Diminished earning capacity benefits are benefits that are the difference between what you were making pre-injury and what you are able to earn now. To determine the benefit, a vocational rehabilitation counselor will likely need to assess your case. This person will do an earning power assessment, which means your education level, work history, and physical abilities will all be reviewed. This information will then be used to determine what kind of work you are able to do and what jobs are available in your area.
 

mbird

Member
Thank you!

"the difference between what you were making pre-injury and what you are able to earn now" - and if there is less, how they pay for that?
 

NLW

Member
It is 60% of the difference between what you used to make and what you are capable of making. If you return to work, the amount is easy to determine. Without a return to work, it is trickier. I've seen judges order the amount.

It is capped at 262 weeks (I think this is where I got 262 before).
 

NLW

Member
If I were you, I'd request an assessment by a vocational rehabilitation counselor. You can call your adjuster and ask about vocational rehabilitation and voice your concerns with finding employment because of your work restrictions. Your vocational rehabilitation counselor can determine your earning capacity and what jobs are available in the area. This way, you can negotiate with good, established, ON THE RECORD information.

Once you have an idea of any loss of earning capacity because of your injury, you can make an educated and informed settlement demand. Your restrictions are strict. I think you need to know what is out there for you before you give up any rights through settlement. Once you settle, you're done. Besides, you might find that work is harder to come by then you think - after you see what's out there, you might decide you want some retraining.
 

mbird

Member
Can't tank you enough!

It is 60% of the difference between what you used to make and what you are capable of making. (((((( If you return to work, )))))))))the amount is easy to determine. Without a return to work, it is trickier. I've seen judges order the amount.

It is capped at 262 weeks (I think this is where I got 262 before).
Same kind of work or any work?
 

mbird

Member
Little confused

NLW,

So let's say I get 10% permanent impairment (base $700.00):
$420.00 X 0.10= 42X350 weeks=$14.700

let's say the vocational rehabilitation counselor finds that I'll be able to earn
$400.

$180.00 (60% of the difference $300.00 (base $700.00)
$180.00X262 = $47.160.00

Am I suposed to get both amounts?

Thank You again!
 

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