April 2, 2018 | Workers' compensation

Written by: Justin High

I was in trial recently with a client of mine. We had talked about his case at length and prepared quite a bit for trial so we were both ready to go. He was surprisingly comfortable sitting with me in the courtroom. Pretty soon, the judge “called” the case, which is a fancy was of saying he announced the names of the parties and explained for the record why we were in court, then asked for the attorneys to give him an explanation of the issues we were going to try. The other attorney, the judge, and I discussed “MMI” and “TTD” and “PPD” etc., etc. Once we were finished, my client had a very confused look on his face and was clearly no longer comfortable. I leaned over and he asked “what in the world were you guys talking about?” Then it occurred to me. We weren’t speaking the same language. Here we are, in court for a case that was very important to him, and his lawyer, the judge, and the other lawyer are speaking a foreign language he doesn’t understand. No wonder he was concerned.

When I’m working with a client individually, I tend to stay away from acronyms and use very plain language. However, when I interact with other lawyers, judges, adjusters, and mediators, we use acronyms as a matter of course. The same way nurses use terms like “PRN” or “BID” we work comp lawyers use acronyms to efficiently convey an idea, but we forget that the most important person, the client, might not have any idea what we are talking about. So, I thought I would compile a list of commonly used acronyms and give an explanation as to what they mean and how they are used.
As there’s a lot of information, this post will be the first part of a series.

TTD – Temporary Total Disability. This is the amount of weekly payment an injured worker gets after the injury but before Maximum Medical Improvement (MMI), for the weeks when he or she is unable to work. It is calculated by taking the injured workers’ Average Weekly Wage (AWW) and multiplying that number by 2/3rds. This equals the Benefit Rate (BR). TTD is paid when the injured worker “submits to treatment, is convalescing, is suffering from the injury, and is unable to work because of the accident.” This is a fancy way of saying that an injured worker is entitled to TTD when he or she is unable to work because of the accident and the employer can’t accommodate whatever restrictions a doctor has assigned. TTD is also owed when the injured worker misses work in order to go get treatment for the work injury.

TPD – Temporary Partial Disability. This is the amount of weekly payment an injured worker gets after the injury, but before Maximum Medical Improvement (MMI), for the weeks when he or she is earning less than the preinjury Average Weekly Wage (AWW). Simply stated, if an injured worker is earning less than his or her AWW because of the injury, then he or she is entitled to TPD. TPD is calculated by taking the difference between the AWW and what the injured worker makes per week after the injury and multiplying that number by 2/3rds. TPD is generally much less common than TTD.
PPD – Permanent Partial Disability. PPD is a confusing term, because it really covers two things: an Impairment Rating or a Loss of Earnings. Both of those different elements of damage are regularly called PPD. PPD is awarded when an injured worker has an Impairment Rating to a Scheduled Member or has suffered a Loss of Earning as a result of an injury to the Whole Body. Both of those terms are separately defined in this discussion, but what they both do is compensate an injured worker for the permanent damage caused by a work injury. PPD is compensated using the following calculation: Benefit Rate x % of LOEC or Impairment Rating x # of Weeks. In order to calculate this, we need to know these three pieces of information.

PTD – Permanent Total Disability. PTD is what an injured worker is entitled to if he or she will never work again because of the work-related injury. In order to qualify for PTD, and injured worker has to prove that he or she will never be able to work again, or that he or she is an “odd-lot” worker. An “odd-lot” worker isn’t totally disabled and might be able to perform some work, but “is not employable in any well-known branch of the labor market.” If an injured worker is PTD, he or she is entitled to benefits at 100% of the applicable benefit rate each week for the remainder of his or her natural life. If the employer agrees to settle a case with PTD, it can be settled for the present value of the obligation which is calculated pursuant to the Rules of the Nebraska Workers’ Compensation Court.

Impairment Rating – An impairment rating is a numerically assigned rating that is calculated pursuant to the American Medical Association’s Guides to the Evaluation of Permanent Impairment. An impairment rating is used to assign permanency to a Scheduled Member injury. There are several versions of the AMA Guides, but the most commonly used versions are the 5th and 6th Editions. Most physicians still use the 5th Edition. Essentially, a physician will measure the permanent impact on the injured worker’s ability to use whatever scheduled member was injured and correlate that to an impairment rating using the tables and data as explained in the AMA Guide. The physician will generally measure strength, flexibility, loss of sensation, etc. and then come up with a calculation based on the AMA Guides.

LOE/LOEC – Loss of Earning Capacity. An LOE, which is sometimes called an LOEC or an LOECE, is an evaluation of an injured workers’ loss of access to the labor market that results from a work-related injury. It is performed by a vocational rehabilitation counselor. There are four factors that go into this analysis. Essentially, this analysis compares what jobs the injured worker could do before the injury and what jobs the injured worker can’t physically perform after the injury. For example, if an injured worker was capable and qualified to do 100 jobs before the injury, but after the injury he or she could only do 25 jobs, then the injured worker has a 75% LOE. The LOE is based on the injured workers’ permanent physical restrictions that result from the work-related injury but also takes into account where the injured worker lives, what skills the injured worker has, and the injured worker’s level of education.

Scheduled Member – In my opinion, calling parts of the human body “Scheduled Members” is probably the most confusing aspect of the workers’ compensation law. A Scheduled Member is simply a part of the body that has a corresponding number of weeks assigned, ie the “schedule.” The “schedule” can be found in Neb. Rev. Stat. 48-121(3). Under the Nebraska Workers’ Compensation Act, the number of weeks assigned to the various parts of the body are as follows:

Part of Body # of Weeks:

• Shoulder/Arm 225
• Hand 175
• Thumb 60
• Index Finger 35
• Middle Finger 30
• Ring Finger 20
• Little Finger 15
• Leg/Knee 215
• Foot 150
• Big Toe 30
• All Other Toes 10
• Ear 25
• Hearing Loss 50
• Nose 50
• Eye 125

As previously discussed, these injuries are compensated using an Impairment Rating.
Whole Body – When we discuss “Whole Body” injuries, we are really talking about an injury to any part of the body not included in the schedule, such as the head, neck and torso. In addition, any injury to two Scheduled Members from the same accident may be treated as a Whole Body injury. As previously discussed, these injuries are compensated with a Loss of Earning Capacity.

My hope is this article, and those that follow, will help people understand the terminology used when they are going through the workers’ compensation system so they have a better grasp of what the lawyers, judges, doctors and insurance adjusters are talking about. However, if there are any specific questions, please do not hesitate to call our office and set up a free initial consultation. We are happy to help you understand your claim and answer your questions.

About the author: Justin High

Justin High has been trying cases for over ten years. He has handled hundreds of cases in State and Federal Courts in Nebraska and Iowa. Justin has argued and won a variety of cases in the Nebraska Court of Appeals and Supreme Court. Outside the courtroom, Justin has presented at dozens of seminars educating clients and other attorneys on subjects like Electronic Discovery, Workers’ Compensation, and Personal Injury.

Worker’s Comp attorney in Omaha – How to contact the High & Younes Law Firm

Have a question that we didn’t answer? Get in touch with us today for your complimentary, no-obligation consultation: http://www.hyattorneys.com/ OR by phone: 402-933-3345