Legal Question in Workers Comp in California
I have just received my QME report which says 10% impairment. Im a RN and can no longer do bedside nursing. I have Broad based disc protrusion L4-L5 which encroaches on right L5 nerve and results in right neural foraminal narrowing. A left lateral disc protrusion present in L5-S1 resulting in mod-severe neural foraminal narrowing. I am restricted to 3 days a week 8hr shifts but yet I only get 10%. I worked 3-12hr shifts at time of injury. My pain is significant enough that I take 4-6 norco a day. 1 kadian 20mg and 1/2 tab ambien to sleep. I would not get out of bed if if wasnt for pain management. Yet the QME recommends no opiates. This has been going on for 3 yrs now and I am having to collect state disability. I do work at a clinic on call a couple days a month. I will have to return to school to get a B.S degree so I can get a job in case management or simular. My job opportunities have decreased dramatically since I am restricted to no more then 20lbs lifting. Does this sound like a fair rating? Thank you
2 Answers from Attorneys
It has been a while since I last evaluated medicao reports as to what the amount of permanent disability should be. You might be able to get the Dr. to include some additional factors, especially to reduce the likelihood of future injury or reduce the amount of aggravation of the underlying physical problems. It would be best to go to an expert attorney in WC to see if they can help you.
No this is not a fair rating. It is unfortunate that no mention is made of the Alveraz/Guzman decisions, which allow a physician to increase a rating which is deemed too low. At this point your best option is challenge the rating using a diminished future earnings capacity argument. In other words, you will be takins such a huge hit economically, that the rating must be adjusted accordingly. Such will require a vocational expert and will probalby result in a trial.
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