are you kidding? what a joke!!! - Printable Version
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are you kidding? what a joke!!! - blove1973 - 06-23-2008 05:27 PM
so...i just was emailing a rep at the ica for arizona. i just found out that if i have any rating whatsoever for my head injury and resulting seizures, then any scheduled benefit i would receive for my amputated leg (thats right, amputated) would be wiped out. why? because i worked my ass off to go back to work as soon as i could, because i am not letting any of this affect me, and i dont feel that it does affect my ability to work.
isnt that freaking crazy? if i do get a zero rating (fingers crossed) from my neurologist, then i would get my 66k over 50 months scheduled benefits for the leg. good thing i havent had a seizure over the last year. i need to talk to him to convince him not to give me any rating. he might think he is doing me something good, but damn, not in this case. anyway. back to work.
RE: are you kidding? what a joke!!! - lfoster21 - 06-24-2008 12:05 AM
I'm confused because I thought the higher the rating was the more in money. But if there was a 0 rating, that means you can go back to work with no restrictions and that you are 100% fine, and no further money will come from them. Hopefully someone will come along and clear this up, because I need to know if I am wrong in my understanding (which is always possible ).
RE: are you kidding? what a joke!!! - Still in Limbo - 06-24-2008 06:59 AM
That's the Way I've always known it to be also lfoster! But as You stated, We could be wrong in this Situation!
RE: are you kidding? what a joke!!! - hurt at work - 06-24-2008 10:25 AM
i dont know how they can throw the head injury out if it all happened at the same time.like limbo and lfoster said in my state the higher more money the lower less.somethings not rite i think i would be talking to a lawyer that make no sense at all.just my thoughts but it cant be rite.you should be compesated for all ur perminant injuries and or perminant disablities.
RE: are you kidding? what a joke!!! - blove1973 - 06-24-2008 01:52 PM
i talked to a lawyer as well...he told me the same thing. basically here is the deal...my leg injury, with the amputation, is a scheduled injury. set amount of money here in arizona. BUT my head injury would be considered unscheduled. when figuring workers compensation benefits, two injuries combined equals an unscheduled. so in my case, the two would be combined. that sounds like a good thing .. BUT i have returned to work and am making more money than i was at the time of the accident. unscheduled benefits are based on loss of earning capacity. of which i would be considered to have none. scheduled alone is not based on loss of earning capacity. it is just a set amount of money.
so i have to get a zero rating from my neurologist so my benefits stay scheduled, and do not become unscheduled. crazy but true!
RE: are you kidding? what a joke!!! - 1171 - 06-24-2008 02:30 PM
I think i understand the logic.
The assumption is that unscheduled disablity is a more accurate determination of the effect of the injury on a worker's future wages/earnings. Therefore when there is both a more accurrate and a less accurate calcualtion from the same injury the comp law requires them to use the more accurate.
I suspect that in the majority of cases the worker's actual wage loss results in greater benefits.
Unfortunately understanding why probably doesn't make the disappointment any less.
some states use impairment (scheduled) and others use wage loss (unscheduled) and still other states use a combination like Arizona.
That's why it's so difficult to compare benefits between injuries.
RE: are you kidding? what a joke!!! - Lilly - 06-25-2008 08:55 AM
My bet is.... that they'll rate you as cheaply as they can .
In your case, I hope I am dead wrong!
It sounds as though you've had some terrible injuries, but you are doing well . I hope you continue down the healing path! Good luck.
Take care, Lilly
RE: are you kidding? what a joke!!! - blove1973 - 06-25-2008 12:00 PM
thanks lily..i am going well, and for that i am extremely grateful. from everything ive read on here, i am soooo happy that my carrier has been so helpful and has treated me so well. i have no complaints whatsoever. still...i had in my mind that i was going to be getting this money, and relatively soon. ugh lol. its still not lost...i still might have a shot. unfortunately, i emailed my neurologist yesterday requesting that he rate me at zero if indeed he thinks i might qualify for a zero rating. i requested that he not go high, thinking he would be doing me a favor. i got a call from his assistant reprimanding me for emailing him, that he doesnt take emails from patients, and that he thought i got his email address from my current work somehow. he must not be computer savvy as i simply googled his name on the net and found it. anyway...she also told me that he has to include that email in my record now. and that it would seem like i am trying to coerce him into this request. geez i really screwed that up! i emailed him because my case manager is always there at my appointments. oh well...now i just have to keep my fingers crossed.
one question for anyone up on seizures...if i havent had a seizure on over a year, if im able to drive just fine, if im able to work just fine, if ive only ever had nocturnal seizures, but am still on medication just to be sure, could that still be rated out as zero percent impairment? in my last appointment, he said that he could "argue" that i could be ten percent. thats why i emailed him. not to have him think that he would be doing me a favor by doing so...kinda backfired lol
RE: are you kidding? what a joke!!! - fallenflagger1 - 06-28-2008 09:06 AM
just wanted to remind you that you dont have to allow anyone in the exam room with you.let the case manager stay in the waiting room while you see the doc .good luck
RE: are you kidding? what a joke!!! - Still in Limbo - 06-28-2008 09:22 AM
I now Understand the Ratings Process in Your State a bit Better, and Hopefully Your Dr. will act in the Correct manner, and keep Your Best Interest at Heart. A Simple note to Your Dr, Apologizing for the E-Mail, and explaining how You got their E-Mail Address might be a good Idea, it might Help to smooth things Over. I Wish You the Very Best, and Please keep Us Informed on how things are going!!