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11/14/1996
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11/14/1996
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Meetings
Meeting Type
Special Hearing
Document Type
Minutes
Meeting Date
11/14/1996
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deterioration precipitated by the surgical intervention utilized to <br />correct the prior problem. However, Dr. Hussamy did testify in <br />such a way that could attribute a 3% permanent partial impairment <br />rating to his May 12, 1995 accident. Dr. Seig has also been <br />deposed. He was willing to assign a 3.5% rating to the claimant's <br />industrial accident with Indian River County. The willingness of <br />these physicians to assign some permanency to the May 12, 1995 <br />accident seriously complicates our case. We have already paid the <br />claimant the impairment benefits which result from that rating. <br />However, the claimant is asserting that he is unable to work as a <br />result of the accident which occurred at Indian River County. The <br />County has made every effort to force him to return to work. <br />However, he has resisted all of those efforts. <br />The most troubling aspect of this case is the apparent <br />psychiatric overlay which exists. This claimant seems to be very <br />unstable and distraught. Dr. Dippy has indicated that the claimant <br />does suffer from depression which seems to be related to the May <br />12, 1995 accident. The threshold for causal relationship between <br />a psychiatric condition and a workers' compensation injury is very <br />minimal. All that needs to occur is that the claimant suffer some <br />form of physical injury. In this case, the twisting accident will <br />suffice. Second, the claimant needs to establish that he is <br />suffering from a psychiatric disorder which is attributable to that <br />injury. In this case, Dr. Dippy's impression will satisfy that <br />issue. A psychiatric condition can be a singular basis for <br />someone's acceptance as permanently and totally disabled. <br />Mr. Schuckers has been accepted by social security as being <br />entitled to social security disability benefits. That is a <br />significant fact in light of the May 12, 1995 date of accident. <br />The statute in existence for that date allows a claimant to be <br />determined permanently and totally disabled if he is severely <br />disabled enough to receive social security disability benefits. <br />The claimant's argument is going to be that the May 12, 1995 <br />accident pushed him over the edge and made him unemployable. <br />Therefore, it is the May 12, 1995 accident that has rendered him <br />permanently and totally disabled. ; <br />Given the social security benefits that he is receiving, the <br />present value of this case is in the range of $170,000.00 for the <br />indemnity benefits alone. Consideration must also be given to the <br />exposure for ongoing medical care which will inevitably include <br />psychiatric care. As I am sure you are aware, psychiatric care can <br />be quite expensive. It involves frequent office visits together <br />with expensive medications. The settlement value for the medical <br />benefits alone on this case is easily in the vicinity of $18,000.00 <br />to $25,000.00. The indemnity benefits on permanent total <br />disability cases settle between 30% and 60% of the present value. <br />The range depends upon the likelihood that the claimant is going to <br />be found entitled to those benefits. Applying; that range to the <br />present value gives rise to an indemnity settlement range between <br />$51,000.00 and $102,000.00. In all probability, the Judge of <br />Compensation Claims would be compelled by the fact that this <br />claimant had a successful work history until the May 12, 1995 <br />accident. It could be easy for the claimant to convince the judge <br />that the May 12. 1995 accident is the major contributing cause to <br />his inability to return to work, need for ongoing medical care, and <br />need for ongoing psychiatric care. Therefore, I believe that this <br />settlement is very beneficial to the County. The exposure for. <br />indemnity benefits, medical benefits, and resultant_ attorney's fees <br />will be severe. <br />4 <br />NOVEMBER 14, 1996 <br />A <br />
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