I recently went to a panel of doctors, at the request of the Department of Labor and Industries, for an examination. My claims manager tells me that the panel has rated my disability as a "Category 2". What does this mean?
When an injured worker reaches a point where there is no further curative treatment that will benefit them, the Department of Labor and Industries is supposed to try to assess their permanent disability. If they are able to work, a permanent partial disability assessment is made. For injuries to the neck, back, low back, pelvis, lungs, heart, skin and others, the method of evaluating permanent dis-ability is to select a "category" of impairment that most appropriately describes the person's physical loss.
Almost a year ago to the date, I sustained severe burns to my face and neck when a caustic chemical splashed on me. Treatment has been concluded and the Department issued an order closing my claim. They tell me that I am not entitled to permanent partial disability because they are not responsible for cosmetic damage. Is this true?
Under Washington's Industrial Insurance Act, permanent partial disability is deemed to be a loss of bodily function. Purely cosmetic changes are not compensable. However, if you have sustained significant damage to your skin and require occasional, if not intermittent uses of creams and ointments to help keep the scar tissue softened, or if you have to avoid exposure to sunlight or wind because it will cause drying and cracking and bleeding of the skin, there is likely a loss of bodily function that should be compensated. You can start by having your treating cosmetologist review the Washington Administrative Code as it applies to permanent skin impairment or you can consult with an attorney who handles industrial insurance claims.
Several years ago, I sustained a severe burn in my hand at work. Fortunately I have been able to continue working, but it does prevent me from doing some things I used to do. Treatment has finished. What will happen next?
Once treatment has achieved a point where nothing more can be done to cure the problem, the Department of Labor and Industries is supposed to attempt to assess the permanent partial disability that may exist, if any. An injury to your hand may involve loss of use of the hand itself due to decreased range of motion of fingers depending on the amount of scar tissue that you have. Additionally, there are dis-ability benefits available for impairment of the skin itself. These are described under "categories".
Just under two years ago, my left hand was crushed when a pallet of fertilizer was accidentally set down on it as I stood next to a loading dock. Treatment is concluded and the Department recently issued an order closing my claim and paying me a percentage of impairment for the two fingers that had to be amputated. The rating appears to be small. How are they supposed to rate disability?
When an injury is limited to the fingers, the hand, or the arm, the American Medical Association has a guide that is published to assist in evaluating the permanent partial disability. The rating is made in terms of "amputation value". This means the value in relationship to the overall loss of function of the part of the body affected.
I sustained an injury to my low back in 1981. I went through chiropractic treatment for approximately four months. The Department paid for all of this. When treatment was concluded, the Department closed my claim and paid my some permanent partial disability for my back condition.
A friend of mine was injured about four years ago and has had the same type of treatment and has the same continuing problems I have. When the Department closed his claim and permanent partial disability was paid. Even though our categories of impairment were identical, the amount of money he was paid was substantially higher. Why?
The amount of permanent partial disability awarded for a low back injury for the last twenty years has been determined by using the Categories of Impairment. For low back impairment, there are eight categories. Each of these categories has medical description and the doctors try to select the categories that most appropriately describes your condition.
The monetary value for each of these categories has been periodically adjusted upwards. The date of your injury determines the schedule of monetary compensation for the categories. Therefore, an injury at the time you were hurt, compared to an injury when your friend was hurt, are different due to legislative adjustments in the monetary value of the categories.
If you have further questions, you should consult with an attorney.
