Facts: I’m often asked by a worker who is injured at work if they are entitled to additional permanent partial disability benefits if after going back to work they reinjure the same extremity. In this case the question was posed by a worker who suffered an elbow injury and was assigned a diagnosis of cubital tunnel syndrome. Following surgery (cubital tunnel release) the doctors released him back to work. The worker then receives a PPD check and resumes his normal job. Several months go by and his symptoms resumed, requiring a repeat surgery to release pressure on the nerve. Following a period of recovery the doctor advises the injured worker his permanent impairment rating has not increased. The worker is being paid benefits according to Iowa’s Workers’ Compensation Act, Chapter 85.

Question: Will I receive another settlement if the impairment rating is the same?

Short Answer: Yes, you are probablyentitled to more PPD benefits. Get a qualified lawyer on board to help you.

Long Answer: Let me start by telling you something my law professor Dan Power told me. “A lawyer who represents himself has a fool for a client.” In other words, he needs to find a qualified lawyer to represent him in this complicated area of the law. For someone that knows what they are doing this is not a difficult case. But to the uninformed it’s quick sand. This injured worker doesn’t want to pay a lawyer, not even a percentage of the recovery. And while I can appreciate that saving a one-third contingency fee would be nice, how expensive might it be if the injured worker’s rights are prejudiced and he gains nothing in the process? How would the worker know which settlement option was in his or her best interest?

In this instance he’s more than likely entitled to additional PPD benefits. But probably no lawyer where he lives will just sit down and tell him how to do it for nothing. Besides any lawyer who did that would expose himself to a claim if the client did it wrong. Yes, you need another rating. No, but not from just any doctor. If the two ratings are different and there are use restrictions then additional PPD benefits are due. Who do you go to for the second rating? Like real estate, all personal injury practices are local. Lawyers who regularly practice in this area know the doctors. Doctors are all different in their approach to getting involved in workers’ compensation cases. I’ve had doctors call me and say, “You represent the injured worker don’t you? You don’t want me to do this evaluation. I wouldn’t be able to help you.” Doctors come in all sorts of flavors. From liberal to conservative and everything in between a doctor’s mind-set can help or hinder. Some doctors have as a part of their business plan, to represent only the interests of the insurance and business industry. For whatever reason their conscience doesn’t bother them by having a “bend” towards those interests, as opposed to just being objective. Good lawyers aren’t just looking for a certain opinion. Good lawyers look for an honest assessment. And that is where this client working his case alone is in serious trouble.

It’s better to give up some of what you expect in benefits in lawyer fees and to know you’ve gotten a fair shake then to blindly walk your case through the system where the insurance adjuster who does not represent you, allows you to make mistakes that eventually cost you more then any lawyer can reasonable charge you in fees. The insurance adjuster and their case manager will chew you up, spit you out and never lose a wink of sleep. Better to be safe than sorry. And in this instance the best advice I can give is that the injured worker more than likely is entitled to more PPD benefits. But get a lawyer so you can get a fair shake from the workers’ compensation system. Lawyers pay plumbers, dry-wallers, iron workers, carpenters, electricians, HVAC workers, swimming pool workers, housecleaners, garage mechanics, lawn care workers, nurses, doctors, lawyers (yes lawyers pay lawyers for legal services) and many other laborers to do the job right. There are no shortcuts to a successful project, including your legal case.