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Hi my name is Michael Burgess, and I'm an attorney I wanted to briefly go over what permanent disability is under a claim for workers compensation benefits now in workers comp if you're injured at work, and after you've had medical treatment if you go on to have a complete recovery, and you have no residual disability or impacts on what's referred to as your activities a day living basically you're injured, and you have a full recovery and workers comp you are not compensated for those damages now you are compensated if after your medical treatment you've not had a complete recovery that is you do end up with residual permanent disability now the word permanent disability is sort of a legal abstract what that means is if you end up with ten percent permanent disability it doesn't mean you've lost 10% of your functional capacity or that you know if you've lost 50% disability rating that doesn't mean that you've lost half of your ability to work or half of your ability to function it's a legal abstract what that means is this it's based on a few things it's based on your injuries and the impact it has on something called the activities of daily living what that means is cooking cleaning grocery shopping running errands standing sitting for prolonged period of time personal hygiene getting dressed just the things you do every day now let me give you an example somebody's injured at work, and they injured their back now after treating they still have some back pain and that back pain still bothers them when they put on their shoes when they stand and take a shower, or they cook, or they try to carry groceries if they've not had a complete recovery and those injuries do still affect them in those activities of daily living then in workers comp they should be compensated for that permanent disability now it's based on something called the AMA guides this is an American Medical Association book that you clot you the injuries are classified based on objective and subjective complaints now if it's a psychological injury based on something called the gaffe scale which is based on symptom logy all the permanent disability is based on medical evidence now sometimes I think I'm smarter than a doctor I'm not a doctor, so I can argue in front of a judge two on blue that I think my client is perfectly disabled and has very severe permanent disability judge can't even award if it's all based on medical evidence, so I have to have medical evidence indicating what if any permanent disability my client has and once again that permanent disability is based on impact on those activities of daily living and the classifications under the American Medical Association guidebooks and in a psychological injury it's based on something called a gap scale but basically if you've not had a complete recovery you have potential permanent disability that is how an attorney works up your case to provide compensation for you now the permanent disability is not paid in a lump sum...
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