Legal Question in Workers Comp in Tennessee

Re: calculation of mmi

Yours is a difficult question to answer in writing but here goes: First, there are two types of ratings; one is a "clinical" impairment rating given by a doctor at MMI. The second type of rating is a "disability" rating awarded by a judge. Almost always, the judge's rating is higher than the doctor's rating and this is because the judge takes into consideration many factors that the doctor cannot take into consideration for his rating. The "basic" calculation is the doctor's rating multiplied times the number of weeks of compensation allowed for the body part you have injured and then that is multiplied times your "compensation rate" (2/3 of your average weekly wage over the last 52 weeks, subject to maximum and minimum caps). This calculation will give you the amount you are entitled to based solely on the doctor's impairment rating once you reached MMI. The next step is to have the Judge hear your case and award you a "disability rating" and then this is multiplied as set out above for the doctor's impairment rating........If you are trying to settle your case with the insurance company, I would bet that they will not tell you that the judge's award is often many times more that what they may be offering you to settle. If you are trying to settle with the insurance company, you really need to talk to a lawyer to get the maximum benefit to which you are entitled......Call or e-mail if questions.....Bill Poland