PERMANENT DISABILITY IN WORKERS COMPENSATION: An explanation from Attorney Nathan Howser

www.howserlaw.com/ [phone]
Permanent disability refers to the percentage of disability that results from a work injury. The phrase permanent disability does not necessarily mean that a person will never return to work. When a work injury results in a person not being able to return to any type of work whatsoever, or permanently removed from the labor market, that usually refers to permanent TOTAL disability.
In most Worker’s Compensation cases, work injury results in permanent PARTIAL disability. Allow me to explain.
When a doctor determines that a person has reached maximum medical improvement or is otherwise released from medical care, the doctor will assign a permanent disability percentage for each body part that was injured as a result of the work injury.
A doctor can give permanent disability for each body part injured AND body systems that have been injured as a result of the work injury.
FOR EXAMPLE,
- If a person sustained an injury to the neck, an orthopedic doctor could assign permanent disability for the neck once that person has reached maximum medical improvement.
- If that neck injury has contributed to, worsened or caused high blood pressure for that injured worker, another doctor in the field of internal medicine could assign permanent disability for the high blood pressure as well.
When we have the percentages of permanent disability assigned for each body part or body system affected by the work injury, those percentages are included in a formula which take into consideration
1. The body part or body system affecte
2. the injured workers occupation
3. and the injured workers age
The percentages of permanent disability for each body part and body system are then combined using a combined values chart.
The total combined permanent disability percentage that a person has suffered as a result of the work injury will correspond with dollar value calculated to the last penny.
On the screen is an example of a rating of permanent disability suffered by one of my past clients. In that case, the permanent disability for all injuries totaled 47% after rated with the formula.
- We see that for the first disability, the doctor gave a 10% for the right shoulder, and after the formula comes to 13%.
- The doctor gave a 7% for the low back, after the formula taking into account her age and occupation that 7% comes to a 10%
- lastly, for the left knee and in this case the person underwent a total knee replacement, the permanent disability percentage was 21% and after the formula comes to 32%
- looking at the combined values chart, those three values combined, not added, which yield a 47% disability.
When we look at the permanent disability money chart, for this particular person, we see that 47% Permanent Disability has a dollar figure of $72,500.00.
Every case is different but disputes arise in almost every case regarding the level of permanent disability that the injured worker has suffered.
Our number one priority in early in a Worker’s Compensation case is to get you the medical care necessary to treat your work injuries from the best doctor available, and when you have reached maximum improvement, to maximize the permanent disability that you are owed because of your injuries.
If you have questions about your Worker’s Compensation case or the permanent disability that a doctor has assigned to your injuries, please call or text [phone] on the screen and will be happy to give you an evaluation of your case completely free.
/ @nathanhowser3012

[@benalexender3046]

Thanks ❤

[@edwardkareem6446]

Great video I love it help me a lot but today I went to my doctor and they release me from care they wrote on the document they gave me p and s they also give me a restriction of no prolong bending stooping or climbing my weight registration is no more than 40 lb is this the same as MMI are they going to cut my bi-weekly checks

[@nathanhowser3012]

P&S and MMI are often used interchangeably in Workers’ Compensation, so it is likely that payments will switch to $580 (the ridiculous legal max) every 2 weeks.

[@rouguy1972]

Hello! I had two knee surgeries for an injury at work, still having pain and not getting better. In my claim I also have synovitis, depression and panic attack disorder. I am worried that I won’t get better specially from my mental issues. Do I have any chance to get permanent total? Thanks

[@nathanhowser3012]

Unless certain exceptions apply, permanent disability will not apply to psychiatric injuries that result from an orthopedic injury. Establishing permanent total disability is extremely difficult. I’d be happy to talk with you about your claim. 213-377-5513.

[@rouguy1972]

I live in Ohio Thanks for taking the time to answer Nathan.

[@lallybamrah1203]

Hi iam injured at work my right hand middle finger cut and my docter give rating me 100 parmanent partial disbilty what is the status of my case i living at milwaukee pl tell me urgently

[@havenpersonalcare7968]

Hi Nathan; I sustained a TBI in 2007 while working for Sheriff Department; I was rated 78% permanent disabled in 2009; I'm currently receiving a monthly pension of $590 due to my injury with lifetime medical. The insurance is not mandated to due a buy-out; but I'm relocating overseas with my family. What are the chances of getting a buy-out from the insurance? Any recommendation? The lawyer I've worked with has no interests on looking into the matter.

[@GonzalezLawEmpower]

Sometimes after a case has settled via Stipulation with request for Award, we can go ahead and pursue settlement of future medica via Compromise and Release. ln this case because you have a life pension it would also be future medical and your life pension settled together at one time. You have the best chance at getting the full value of your case if you have been treating all along and have become very expensive for the defense. If you have not been treating or have been treating with your private doctor, you need to start treating within the workers compensation system. Then you should attempt to open settlement negotiations with the defense. If for whatever reason the defense is uninterested in pursuing settlement at this time, you can petition the court for a commutation of your permanent disability. You would get it up front however a less amount than you probably would get over your lifetime and you would continue to have medical coverage within the workers compensation system which may not be what you want if you are unable to access it at this time. However, you may move back to the United States later. If you are in a different state you can access medical treatment if you find a doctor that will take California workers compensation payment

[@mariagarroyo5571]

Hi, if I start receiving Permanent disability that is mean that I can't close my case with a lump sum ?

[@nathanhowser3012]

No. In that circumstance, though, payments of permanent disability (depending on the facts of the case) may be credited against a lump sum settlement.

[@kimberlyincredibleartist4942]

Do you work in San Diego?

[@nathanhowser3012]

Depends on case specifics. I do have cases venued in San Diego and reputable colleagues there as well. Feel free to give my office a call 213-377-5513.

[@raquelsalgado5603]

N , hispanic