Workman's Comp Injury...My doctor states I have a ppi of 2% of whole body and a 4% upper extremity. Workman's Comp sent a letter stating they are paying me for 2% whole body.
A 4% upper extremity rating and 2% whole body rating are the same thing. When someone has an injury to a specific body part, then the PPI rating is supposed to be assigned to that specific body party. However, the Indiana Worker's Compensation Act requires that the rating to the body part be converted into a whole body rating to determine the settlement value of that rating. For upper extremities, the law says that a rating for an arm above the elbow is 50 degrees. So, to find the value of that rating, you have to take 4% (the upper extremity rating) x 50% = 2% whole body.
If you injured more than one body part in your work accident, then it is possible that the doctor assigned PPI ratings to both body parts. An example would be a shoulder injury and a neck injury. However, the doctor should provide a combined whole body rating for this circumstance.
In my state they always have to give both the upper body rating and the whole person, and the insurance company almost universally admits for whichever one is less money. Check with an attorney near you before agreeing to anything. Use the find a lawyer section here to locate one.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
Permanent partial impairment is considered using the American Medical Association’s Guides to
the Evaluation of Permanent Impairment. This is a standard reference for physicians which contains tables and metrics by which the degree of impairment for a specific body part may be calculated, based on examination of the injured worker and review of medical records for treatment of that worker’s injury.
The Worker’s Compensation Act of Indiana then provides the basis for calculation for converting the specific body part impairment rating to an impairment rating for the Whole Person based on your date of injury.
All that being said, I would need to know what the injured body part is. It could be the Whole Person PPI is worth more than the PPI to the particular extremity.
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