I was injured on the job over a year ago here in Nevada, underwent lumbar fusion surgery eight months ago...been on TTD since surgery, had FCE to determine work limitations and my employer refused to bring me back with the limitations. Am eligible for Vocational Rehabilitation. I had a PPD and just got the results ; Category IV Whole Person Impairment (22%). I haven't gotten a settlement offer from insurer yet.
Now may be a good time to consult a local workers compensation attorney, who can get all the relevant facts, and help you protect your rights. Perhaps they can even find a way to increase your permanent disability award. You can find an attorney through the site, by clicking the "Find a Lawyer" tab at the top of the page, and then searching for a Worker's Compensation attorney in your area.
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The calculation is based on age, wage, and disability rating. The three factors are entered into the State of Nevada DIR "D9a" form, and out the bottom of the worksheet comes your award (in either lump sum present value, or installment payments overtime until your 70th birthday".
Vocational rehabilitation is a question separate and distinct from your PPD evaluation. The question is whether your treating physician placed you on permanent restrictions (not whether the physical therapist did via the FCE, see NRS 616C.590). Speaking to a NV workers' compensation attorney is probably wise to ascertain if the evaluation was done correctly, and (once the award arrives, whether it was calculated correctly) and whether you have vocational rehab rights and what exactly those rights are.
Mr. Mills seems to have answered your question, but you really should consider retaining an attorney to help resolve your case. A good attorney will more than earn his fee by knowing how to increase the value of your claim based on your specific set of circumstances.
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