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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.