THE FACTS:

  • You injure your arm at work;
  • The injury requires multiple surgeries;
  • You receive medical benefits and wage loss benefits under workers’ compensation;
  • You continue to have significant arm pain and limitation;
  • Are you entitled to any other benefits under workers’ compensation?
THE RESULT:
  • You may be entitled to a specific loss benefit;
  • To qualify, you must establish through proof that there is a specific loss and that the loss is permanent;
  • The easy specific loss case is one where there is an obvious loss (i.e. Loss of an entire finger);
  • In this instance, the loss is not obvious because you can still see the arm;
  • A specific loss is the permanent loss of use of an injured body part for all practical intents and purposes;
  • A medical doctor will have to opine you lost use of the arm for all practical intents and purposes;
  • It is not necessary that the injured body part be 100% lost;
  • You may prove a specific loss even if you have some use of the body part;
  • You need to prove you do not have any meaningful use of the arm;
THE BOTTOM LINE:
  • These types of cases are complicated and require specific proofs.