Disabled only when certain conditions present (California)

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Disabled only when certain conditions present (California)

Postby wcscout on Tue Jul 21, 2015 7:20 am

If a person is only disabled if certain conditions are present, how does that get rated. For example, can't work around electronics due to pacemaker insertion, etc.
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Re: Disabled only when certain conditions present (California)

Postby LawAdvocate on Tue Jul 21, 2015 8:43 am

The chances of getting a pacemaker removed are slim. So given the limited fact scenario it gets rated as if the person always has a pacemaker. If the person is MMI with the pacemaker in, that means no discernible changes for sometime. If the pacemaker is to be removed within a year, the Applicant is not MMI and not a candidate for rating.

Otherwise, I need a better fact scenario.
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Re: Disabled only when certain conditions present (California)

Postby ozzie on Tue Jul 21, 2015 11:07 am

Although I agree that more facts must be given to really analyze the "no working around electronic machinery" preclusion, it's a very interesting question.

Assuming the injury were to be rated 2005 system, it would take a plunge into the AMA Guides to come up with a suitable Almaraz/Guzman rating, but the preclusion seems a bit out of line when you really examine it. I suggest you run an internet search (I used Google), using these exact words "pacemakers and radio transmitters." I just did that, and there is a lot of very good information out there, for free. One of them is a scholarly (free) .pdf research paper; another (nice and easy for me), is information from the American Heart Association for the protection of heart patients, and it indicates that the preclusion may be a bit over-broad. The AHA says this:

"Be aware of your surroundings and the devices that may interfere with pulse generators.
Carry your pacemaker ID card to prove that you have a pacemaker. Download a pacemaker ID card.
Tell healthcare professionals before they start any test or procedure using medical or electronic devices.
Notify the doctor or nurse where you work that you have a pacemaker.
Household appliances such as microwave ovens, televisions, radios, stereos, vacuum cleaners, electric brooms, electric blankets, electric knives, hair dryers, shavers, gardening machinery, toasters, food processors and can openers won't affect your pacemaker.
If you suspect interference with your pacemaker, simply move away or turn off the equipment. Your pacemaker won't be permanently damaged and will resume its normal activity." [my bolding]

More attention seems to be given to radio transmitters, because they generate a pretty strong RF wave that is meant to be broadcast, and that interferes with the minute electrical signals that pacemakers use (and of course, which run your entire body, from brain to toes, although you don't feel them).

If the preclusion "holds up" to close examination, the IW would be out of work in any field that uses electronics, and in fact, almost every aspect of daily life, right? So, they would have move, say, to the outback of Canada or something and live totally off the grid, no electronics at all, no electricity, no radio, nothing.

That's why I think the preclusion is pretty bogus, frankly.
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Re: Disabled only when certain conditions present (California)

Postby vampireinthenight on Fri Feb 01, 2019 9:34 am

Yeah, the actual work preclusion is going to be more narrow than that.

But... it doesn't matter for rating. It's probably going to rate under Section 3.7, Table 3-11. See examples.
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