Are they calculated separately on PPD, such as bicep is part of an arm, and labrum is part of the shoulder therefore person as a whole, 2 different claims? Arm is 253 weeks. Person as a whole is 500 weeks.
No. First of all, arbitrators for the most part are demanding every shoulder injury be expressed as man a a whole due to the recent case involving shoulder being interpreted that way versus as part of an arm.
Second, the SEVERITY of the injury as a whole is how all this is determined. There are labrum tears, rotator cuff tears, partial thickness tears, full thickness tears, tears involving the biceps tendon. Also, factors to consider in valuing a case are your age, job description, disability, medical history, to name just a few.
If you really want to play lawyer, good luck. Just understand this is your ONE CHANCE on YOUR CASE tot get it right, and the insurance company has professionals working against you. It's a valuable case, so consider retaining counsel.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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Workers' Compensation Lawyer
I've seen it calculated both ways.
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Personal Injury Lawyer
Workers compensation represents a specialty area of personal injury law. Workers compensation attorneys know not only the statutes but also the regulations and how they are applied to facts locally. It also helps to know the American Medical Association's Guides to the Evaluation of Permanent Impaitment. in order to make the strongest argument. The best approach to optimizing your claim is to hire a workers compensation attorney in your jurisdiction. Here's more. BLUE LINK BELOW:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
Your experienced Workers' Compensation lawyer will take your particular circumstances into the evaluation, so if you don't have an attorney, you need one. Plenty of qualified lawyers here at AVVO or local to you. Your question is excellent, but the answer requires your personal history, medically and at work to properly evaluate how an arbitrator might. See an attorney.
Jordan Margolis, President
The Margolis Firm PC
55 W. Monroe, Suite 3555
Chicago, Illlinois 60603
When An Accident Changes Your Life, We Pursue Justice For You
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