If there is permanent impairment the doctor must use the AMA Guide to Permanent Impairment 3rd Ed. to decide what impairment is appropriate. For the most part the guide will have the doctor, or his therapist, doing range of motion testing to determine impairment. It is important that you give your best effort in this testing because the guide requires the doctor to do each test 3-6 times for validity. If the range is off by more than 5% it is deemed invalid so a person trying to limit their range of motion to get a higher rating usually ends up with an invalid test and no impairment rating for that portion of the test. There is an entire book on permanent impairment so this is not all that goes into it, but this is the most common situation, and there are additional things added in by the doctor after range of motion is done.

In Colorado there is a distinction made between injuries to the extremities (arms, legs) and those to the rest of the body (called whole person). The statutes here require the insurance company to use a different table for payment for extremity injuries and generally this means that arms, shoulders, legs and hips will be paid out separately. Currently, if you were injured in 2008, the maximum that you could receive for total loss of use of the arm or leg is -----------, so a 10% impairment of the leg would be------. This figure changes slightly each year so injuries in prior years would use a different number. This is based on the schedule of disabilities found at CRS 8-43-107. In extremity cases (arms, legs) permanent impairment is not affected by age or how much you were making at the time you got hurt.

Permanent impairment for injuries not covered on the schedule of disabilities (like backs or necks) is based on a formula that takes into account your impairment rating, your age and your average weekly wage (make sure you have told us of any disagreement you have with the AWW, or if you had OT, two jobs, employer provided health insurance or just got a raise prior to your injury). UNDER THIS SYSTEM TWO PEOPLE WITH EXACTLY THE SAME INJURY CAN GET PAID VERY DIFFERENT AMOUNTS OF PERMANENT DISABILITY.

Example:

Bob is 21, making 7.25 an hour and has a 10% impairment rating from his doctor. George is 50, making 21.00 an hour and also got a 10% rating. Bob would get-----, George would get----------. Using the formula, Bob would be given credit for being younger, and have more work years left ahead of him, but would get substantially less because his average weekly wage is a lot less than Georges.

IMPORTANT TO KNOW!

Permanent impairment is NOT affected by whether someone can, or cannot, return to the job or profession they had prior to the injury.

Permanent impairment is NOT affected by inability to do the recreational things you could do prior to the injury, your relationship with your spouse, kids or significant other, or your “pain and suffering”. While all of these things are significant and important they are NOT covered under the workers compensation statutes.

What happens after the doctors determines my impairment rating?

The insurance company must decide if they agree or disagree with the rating. If they agree they will file a FINAL ADMISSION OF LIABILITY. Generally they will agree because they got to choose the doctor. The Final Admission will have the doctors report attached and will state what permanent impairment they are admitting for, and whether they are admitting for medical benefits to be provided after the date of MMI. (called maintenance treatment because it is treatment designed to assist the injured worker to MAINTAIN their level of maximum medical improvement).

If the insurance company disagrees with the doctors’ impairment rating they must file a request for an independent doctor chosen by the Division of Workers Compensation (DIME) to do an evaluation and determine impairment. If they are the ones to request the DIME they must continue to pay TTD until the independent doctor issues his report, but if the DIME doctor says he agrees with the original doctors date of maximum medical improvement there will be a significant overpayment that will be deducted from the permanent disability they owe you.