rated by atp

[nycpal]

Injured in 2002. 400 week's of ttd ended 5/10. (NJ) mmi at 6/11. At halfway point of being p/s and should be getting rated by end of 2011. atp is my own doctor (court ordered 11/10) who has been treating me since I was injured in 2002. When I 'am rated will it be only by the atp or will I still need to see another ic doctor. IC first accepted the atf and then for almost 6 year's tried to have him deauthorized. Leaving me untreated for that amount of time, ignoring 60+ requests for authorization for treatment by the atp. Since it has been court ordered that the atp is now the ic doctor will his rating be the only one that is needed? Thank You , Happy Holiday to all.

[LeglEgl]

Much of this will depend on the WC regulations in your State. You didn't indicate the State, so it will be difficult to give you a direct answer. I would assume it's New York, because of your user name, but that would be an assumption.

In general, however, almost every State allows for a rating by the ATP and by an IME (Independent Medical Evaluator) sometimes chosen by the ER/IC.

[nycpal]

(09-03-2011 09:00 AM)LeglEgl Wrote:  Much of this will depend on the WC regulations in your State. You didn't indicate the State, so it will be difficult to give you a direct answer. I would assume it's New York, because of your user name, but that would be an assumption.

In general, however, almost every State allows for a rating by the ATP and by an IME (Independent Medical Evaluator) sometimes chosen by the ER/IC.

Thank You, I live in NYC but the case is New Jersey.

[LeglEgl]

That certainly helps. You should know that, in New Jersey, final disability ratings are not determined solely on medical impairment ratings (unlike many other states). Other factors considered to determine Permanent Partial or Permanent Total Disability are: age, education, physical capacity, local job market, loss of earning capacity, skills, and actual wage loss.

In NJ, your ATP will provide a "permanency evaluation" and the ER/IC will also direct you to attend a "permanency evaluation" with a Dr. of their choosing. Both reports will be taken into consideration.

[1171]

having a court ordered doctor for treatment does not prevent the employer/carrier from disputing the extent of any permanent impairment.
the law allows either party at their own expense to submit evidence in support of their issue.
if they dispute your rating they can get their own doctor's opinion.

[nycpal]

Thank You, Eagle,1171