Charlottesville, VA asked in Workers' Compensation for North Carolina

Q: Is it legal to deduct a previously paid PPD rating from a new rating to determine amount of workers comp claim?

It’s the same arm is the reason they gave. But I injured my elbow and bicep before two years ago, this time it’s my shoulder.

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1 Lawyer Answer
Bobby Bollinger Jr
Bobby Bollinger Jr
  • Workers' Compensation Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: It depends. Was your previous rating to the “arm” or the “hand?” When the doctor gave you the most recent rating, did he comment (in his office notes) about any previous disability? It is hard to give you a good answer without more information. But one thing is for sure— the insurance company is not required to deal with you in good faith or to treat you fairly. They will use any excuse they can find to underpay you. Contact me next week if you want to discuss it in more depth.

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