WPI/Benson rating (California)

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WPI/Benson rating (California)

Postby Luckyazkd9 on Thu Mar 18, 2021 5:36 pm

Right knee injured and incident report filed in Sept. of 1981. Right knee surgery ( torn Meniscus) done in 1984. I was off for six weeks and RTW with open medical. No AA or any legal settlement. Within a week of RTW, right knee torn again. Treating Ortho Doctor felt surgery was unnecessary as it was a small tear. P&S with open medical. I just kept working with OTC pain medications. I used my left leg to handle my right knee limitations.

Severely injured (Fell backwards off company stairway which was missing handrails and landed on the concrete deck on my back) in Jan. 2000. PTP found Spinal cord damage, both knees were worn out and required total replacement, right and left rotor cuff damage, requiring surgery and neck damage. I could not prove or recall if I struck the back of my head although it was more of a probability then not.

After multiple surgeries, some good outcomes and some failed, I was rated by Ortho AME in 2014. Report states both knees as WPI of 44%. Spine, shoulders and neck as WPI of 66%. Under Benson they could not be combined and were treated as two incidents.

Question: Shouldn't the right knee be rated separate for the 1984 and 2000 injuries? Shouldn't the left knee ratings be combined with the other(Spine, shoulders & neck) 2000 reported injuries? The left knee was reported injured in 2000. I want to request a fresh rating be performed as the 2014 report is stale. Spinal injury has gotten worse.

I thank you in advance for your guidance and again thank you for your past answers. They have sincerely helped me cope with all the bull which comes with W/Comp.
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