NYS schedule loss of use??

[sonny1]

I am currently coming up on a year from my last surgery. I am told by my attorney & doctor there is something called a scheduled loss of use and I do not understand it completely. I have had the following surgeries on my left hand: Carpal tunnel, DeQuarvein (sp) release, basal joint replacement, MCP fusion & IP fusion @ tip of thumb. (Also, some hardware removal) On the right hand, I have had: Carpal tunnel, trigger thumb, basal joint replacement & IP fusion (tip of thumb). I am currently still in pain with peripheral neuropathy in both hands/arms (taking medication for it). This ordeal started in January of 2006. What do I need to understand before going in for my last exam? And, when the doctor makes a determination as to loss of use can the insurance company dispute that? Thank you in advance![/size][/font]

[1171]

yes a doctors opinion on a loss of use rating can be disputed.
there is no special knowledge required of a patient in order to have a proper loss of use rating performed.

[sonny1]

I was wondering (just for myself) if the doctor determines loss of use by each surgery individually or as a whole? I have no use of one thumb (completely fused) and hardly any use of other thumb (partially fused with MCP joint arthritic & swollen all of the time) I am curious being that I have had so many surgeries, how that is done. I have been out of work on and off for about a year with all of these surgeries. I lost my job over the summer because of it, but still deemed 75% disabled by my surgeon (last surgery in July 2010). Wondering what would be better, close it out for lump sum (which there is no amount that will be worth the pain forever) to avoid adding up more $$ I have to pay Comp. back or just keep getting paid bi-weekly and not worry about amount I have to pay back? I have accumulated some additional debt being home all of the time & now have to pay out of pocket for medical insurance since losing my job, plus my income was much less when this started 5 yrs. ago.

[1171]

a rating exam is not limited to those with surgeries. each body part that is part of the claim is separately evaluated and rated.
New York has its own guidelines
http://www.wcb.state.ny.us/content/main/...dguide.pdf
there is a calculation that combines the individual ratings into a whole person rating.

there is no one type of finalization that's good for everyone; it depends on the amount and the circumstances of the person.
there are a lot of individualized considerations that go into that determination. you and your atty need to have a discussion about the process and decide what's best for your situation.