Disability Evaluation Report

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Please consider this letter in response to your email dated May 23, 2017. At this time, we have received the Disability Evaluation Unit’s rating of the Panel Qualified Medical Evaluation report of Dr. Perminder Bhatia dated August 10, 2016.

Summary

The DEU rated Dr. Bhatia’s report at 61% permanent disability using the occupational code of 481, which is different from the one we used. I was originally under the impression that the applicant’s job was only related to maintain the refrigeration system. However, upon further review, I note the applicant’s employer is an air conditioning contractor, thus the occupation code of 481 for “Air Conditioning Installer Service” is appropriate.

Luckily, the DEU agreed with us that the pain add-on
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Since this is a 2009 claim, the 15% bump up or down may apply depending on whether the employer has made a return to work offer. If there is no return-to-work offer, a 61% permanent disability with 15% bump up has a value of $94,725.91. If there is return-to-work offer, a 61% permanent disability with 15% bump down has a value of $70,233.38.

Please advise if the employer has made a return-to-work offer. Dr. Bhatia did provide permanent work restrictions as outlined in my February 8, 2017 Initial File Analysis.

As for the future medical care provision, Dr. Bhatia opined that the applicant should receive medication along with intrathecal pain pump. No surgery is
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Problematically, the future medical provision includes a continued intrathecal pain pump. I believe the cost for this treatment is about $1,000.00 per replacement. The only other treatment recommended in the future medical care provision is medication for pain. Overall, I estimate that we may need up to $10,000.00 to settle out future medical care.

Also, since this is a pre-2013 claim, we could include a voucher in our settlement agreement. Please note that in light of the applicant’s date of injury as well as his permanent disability rate, the applicant may be entitled to a voucher in an amount of $10,000.00. Please advise if a voucher has been issued.

If not, please advise if you would be agreeable to include the voucher in our Compromise and Release in exchange for some additional consideration, or if you prefer to issue the voucher separately.

Overall, I believe a settlement around $105,000.00 – $115,000.00, under worst case scenario, would be reasonable. We will also take credit for any and all permanent disability advances up to the date of the Order Approving Compromise and

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