What options do I have if I disagree with my attending physicians impairment rating for Workers Compensation?

Asked over 1 year ago - Nashville, TN

I suffered a labral tear of my dominant shoulder which required surgery. At MMI my attending dr issued an impairment rating of 7%UE = 4% whole body based on ROM but never took any measurements himself (which was witnessed by my case manager). Reviewing my FCE the numbers are significantly different on certain ROM tests. I will present the measurements Dr 1st then FCE: Abduct 135 vs 136, adduct 25 vs 28, Int. Rotation 80 vs 24, Ext. Rotation 85 vs 72, Flexion 165 vs 142, Extension 55 vs 30. Referencing AMA 6th ed. Tbl 15-34 and Tbl 15-11 I found online, I calculate 12%UE = 7% whole body. What recourse other than IME and BRE do I have? Can I go back to attending dr and ask for explanation and reevaluation? If so, will the ins co accept the amended impairment rating?

Attorney answers (3)

  1. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

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    Lawyers agree

    Answered . Can you go back and question your doctor's rating? Only if you want to infuriate him. Not recommended. You should get a free consultation from a local workers' comp lawyer. The lawyer may be able to explain your alternatives under Tenn law.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  2. John M Connell

    Pro

    Contributor Level 19

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    Lawyers agree

    1

    Answered . I suggest you talk to a tenn attorney however if you really feel the testing is incorrect you can ask the physician to be retested ( which they probably won't do) or take your chances with an ime. See what a tenn atty thinks because each state is different

  3. George Ellis Corson IV

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Injured workers disagree with their WPI/Recovery about 2/3 of the time, and everyone thinks that their situation is different. Each situation IS different, but unless the perceived error is in the 5% outliers of the statistical Bell Curve, the system does not really have resources to stop the train. Your Attorney can attempt to question the findings, but significant change is highly unusual.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY... more

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