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LHWCA - How to calculate scheduled permanent disability under the Longshore Act.

Scheduled Injuries Under LHWCA

AMA Impairment

The number of weeks of impairment under the AMA Guides to Evaluation of Permanent Impairment needs to be determined by the a physician. Hopefully, the treating physician. This is a "must." You can not receive any monies for permanent disabilities for a scheduled injury under the LHWCA without such an AMA Guide rating.

56% Impairment of leg

Here we will assume a serious leg injury: 56% impairment of the left lower extremity (i.e., leg). Go here to determine number of weeks for the leg.

A leg is 288 weeks.

56% x 288 weeks = 161.28 weeks

Assuming an average weekly wage of $1,345.98 and a compensation rate of $897.31.

161.28 weeks x $897.31 = $144,719.75 in permanent disability.

Sounds simple. However, it is not. You are usually up against wily adjusters that will calculate your AWW low or send you to doctors that will give low permanent disability. Or try and deduct unsubstantiated permanent disability advances.

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Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. 

William Turley
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