[tuckerbu]

I am an RN in Oregon since 1981. Never had an injury until 2003. Was grabbed by a confused patient while moving him up in bed (nurses aide was helping me). He had ahold of my stethoscope draped around my neck. He shook me violently for almost full minute. When we finally pried him loose, my stethoscope was bent and I felt immediate pain in mid-back and neck. Headache. Bruise on neck. Weakness in right leg.

The hospital is self-insured. Everyone has been very good about this although I was not able to return to floor duty and probably never will. I was making $35/hour. I live in rural area where jobs are limited even though I am RN. I have managed to find work over these last 4+ years in lower-paying RN jobs that don't require lifting. I have been receiving partial payments to compensate for my loss of previous income. No complaints!

I have been working with a specialist for quite awhile. The original claim accepted was "thoracic strain". My specialist is convinced this is not so, and I agree since it has gone on for so long. We are still in the diagnostic phase with multiple procedure (all approved by W/C). It is taking a long time due to my having to travel to larger metro area to see specialist and have diagnostics done (5 hour drive). We are close to completing the diagnostic work-up. I am still getting supplemental income.

Question: I will be needing to request a change in diagnosis at some point and I'm sure W/C realizes this. This is NOT a strain, but two bulging discs in thoracic and lumbar areas. They have not been asked yet to accept the lumbar diagnosis, but have been allowing the work-up on that area. Since this has gone on for several years, will they be doing anything to reduce any settlement I may have after we determine my final diagnoses and % disability? I am concerned they have been so easy on me for so long. I know that's an odd concern, but since I don't understand the system, I worry. I do not have a lawyer since we are not even certain of diagnoses and I have not yet had any problems. Thanks for any input.

[Mr. Knowitall]

Are you asking how long you can receive payments for permanent partial disability (PPD)? I don't see that Oregon limits the number of weeks you can receive benefits, instead capping the total benefit available based upon the nature of the injury and whether it prevents a return to the workplace.

If you settle before you have exhausted your benefit, they typically would offer a discounted figure for the remaining benefit based upon how many weeks they expect the disability to continue. By discounted, I mean that they reduce the value of future payments to "present value" based upon projected interest rates.

[tuckerbu]

Thanks for your reply. I was talking about the PPD payments. I'm still in the middle of diagnostics so I didn't think I should settle anything until we know the exact problem(s). But in the meantime, they are sending me PPD payments which is very good since my current nursing job does not pay nearly what my previous job paid. Without the supplement, I would be in a real bind. I wonder how they figure the total benefit amount? Also, we haven't even established what the injury really is yet, so that would make a difference too wouldn't it? This is all so confusing. Yet, I don't want to hire a lawyer until I actually run into problems. And at the same time, I am not sure if I need one now to help me with these kinds of details. It's awfully generous of you to offer all this feedback for folks. I do appreciate it.