Legal Question in Workers Comp in Georgia

impairment rating settlement and medical settlement

My dr gave me a 5% impairment rating for my knee injury and advised me to keep medical open. Can i settle medical for a dollar amount along with the impairment rating settlement. if so, how much should i ask for?

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Asked on 1/28/09, 10:35 am

1 Answer from Attorneys

John Parker The Parker Law Firm, P.C.

Re: impairment rating settlement and medical settlement

You can settle a claim to completely close out all medical treatment and all entitlement to disability benefits, as most settlements are structured. As far as how much a case is worth, that is a complicated question. A five percent "to the body as a whole" impairment rating would entitle an injured worker to 15 weeks of permanent partial disability benefits, while a five percent "to the lower extremity" rating would entitle the worker to only 11.25 weeks of benefits. You have to look very closely to how the doctor qualifies the impairment rating.

But the complex part of settlement comes from projecting your future medical costs, likelihood of entitlement to future income benefits, and likelihood that another physician would concur with your doctor regarding the impairment rating. For those types of questions, it is best to consult an experienced workers' compensation attorney. I do not believe that most insurance adjusters negotiate fairly with claimants who represent themselves.

If I can provide any assistance for you or help you find an attorney in your area, please let me know. My e-mail address is [email protected].

John Parker

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Answered on 1/29/09, 12:18 pm


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