[Kakimbo]

Hi Everyone.

I recently had my IME from both my attorney's doctor and one from the defense. Our doctor gave me a permancy (sp?) rating at 50% left leg and 10% lower back.

Defense doc gave me only 3-5% left leg and 0% lower back. my attorney is very troubled by this, as most ratings are usually only about 10% different. She told me that the defense doc does agree that I have RSD, but doesn't think it should be rated any higher. He also stated that PT won't help me anymore.

I know that our doc used the 5th edition while defense doc used the 6th.

Do any of you have any knowledge/advise on this? The rating was done in Delaware. Our hearing is scheduled for early August. fmichael.....I know you have vast knowledge on this.

Thanks in advance.

Kim

[LIT LOVE]

Here's an interesting article for you to read.

http://www.nytimes.com/2009/04/01/ny...p.html?_r=1&hp

If you have a WC claim, check out the WC forum here as well.

[Dubious]

Originally Posted by kim ames

Hi Everyone.

I recently had my IME from both my attorney's doctor and one from the defense. Our doctor gave me a permancy (sp?) rating at 50% left leg and 10% lower back.

Defense doc gave me only 3-5% left leg and 0% lower back. my attorney is very troubled by this, as most ratings are usually only about 10% different. She told me that the defense doc does agree that I have RSD, but doesn't think it should be rated any higher. He also stated that PT won't help me anymore.

I know that our doc used the 5th edition while defense doc used the 6th.

Do any of you have any knowledge/advise on this? The rating was done in Delaware. Our hearing is scheduled for early August. fmichael.....I know you have vast knowledge on this.

Thanks in advance.

Kim

I was not aware that any states were using the 6th Ed. yet. The current mandate in most (if not all) states is the 5th edition. Presumabably you have a WC case; you need to find out which edition your state's WC goes by. Very likely, the 6th edition is less kind chronic pain patients...

The exact name of the text is "Guides to the Evaluation of Permanent Impairment."

[Dubious]

Originally Posted by Dubious

I was not aware that any states were using the 6th Ed. yet. The current mandate in most (if not all) states is the 5th edition. Presumabably you have a WC case; you need to find out which edition your state's WC goes by. Very likely, the 6th edition is less kind chronic pain patients...

The exact name of the text is "Guides to the Evaluation of Permanent Impairment."

Okay, here is a link that describes state by state, who uses what:

http://www.impairment.com/Use_of_AMA_Guides.htm

Hope this helps!

[Dubious]

Originally Posted by Dubious

I was not aware that any states were using the 6th Ed. yet. The current mandate in most (if not all) states is the 5th edition. Presumabably you have a WC case; you need to find out which edition your state's WC goes by. Very likely, the 6th edition is less kind chronic pain patients...

The exact name of the text is "Guides to the Evaluation of Permanent Impairment."

Kim,

Here is what the link states for Maryland (if that is where you live):

"Eight states still commonly make use of the Fourth Edition (published in 1993): Alabama, Arkansas, Kansas, Maine, Maryland, South Dakota, Texas, and West Virginia. Two states use the Third Edition, Revised (published in 1990): Colorado and Oregon. Connecticut does not stipulate which Edition of the Guides to use."

The 4th edition is likely much more favorable for you. If this link is correct, then have your attorney investigate this. If the 4th edition is the presumption of correctness and is the commonly used guide in your state, then it would seem that you could have the defense report thrown out as the 6th edition has not been labled to be the trier of fact (Mike, help me on this!) for WC injuries in your state.

[Jomar]

I think a lot of it comes down to how the IME "doc" wants to interpret your symptoms & pain levels....

Does your atty have any info on that doc - ie: does that doc usually make reports stating very low impairment ratings?

if so that would be a major point to dispute - of course if pressed the doc could say it was a typo or the report was written up by another and a mistake was made that way..

[Kakimbo]

Thanks everyone.

Jo*Mar - my attorney is not familiar with the defense doc. She is calling our doc to see if he can sway things a bit. I don't know what that will do, but I'm in a pickle if something doesn't change. Crossing my fingers.....I guess we will just have to fight at the hearing. Can't wait...

[Kakimbo]

So,

Went to get meds last week and found out that they denied me again. (usually every six months). Well, today I received a letter from my atty. that w/c feels that I am able to return to work! YEAH, RIGHT! I will still collect my paychecks (thats what they tell me anyway). Hmmm, went to defense IME a few weeks back...but, I'm sure he would not do ANYTHING to hurt my case....

I need Rrae's exploding smily!!!!!

What the heck?

[finz]

Kim, it sounds like WC got their copy of their 'IME' report and decided to try to cut you off. It seems strange that they are denying treatment/meds. Long before this injury, I had several instances of straining my back at work. Missed a few days of work and started with chiro visits. Quickly back to work and WC cont to pay for the chiro visits.

Is your lawyer SURE WC isn't going to file to deny or lower your pay ?

[Kakimbo]

Hi finz (to the left...).

In the letter from my attorney it stated that my weekly salary would not be interrupted. There is a secondary fund for w/c in the state of Delaware that kicks-in for cases like this. All I know is that I've spend over $300.00 in the past week for meds. (After going almost 5 days without them). Withdrawals, sick to death, shaking so bad that I couldn't call the doctor...etc. I hope to get the money back; but I would really like just to maintain. I don't want to convulse (sp?), I don't want a heart-attack. I don't want to scare my kids to death. I just want to have everyone be honest and own up to their responsibilities.

We do have enough in our savings to hopefully cover this (we planned for this). I just don't understand why it is such a fight...It seems totally irresponsible for the medical profession to let this happen. I want to write a letter to the AMA and turn these people in.

Thank you and everyone else for your encouragement. Hope all is well with all of you. (Sorry, I am usually much jovial than I am now...).

Kim