Legal Question in Workers Comp in Texas
can your impairment be decreased because of a past impairment.
I injured my left calf with a dog byte at work and got a 9% impairment.
The insurance lady said when I get my impairment rating they will decrease 9% even though I tore my ACL and has nothing to do with my calf.
1 Answer from Attorneys
This issue is called "contribution." The answer to whether or not a carrier can do such a thing in your case will require a comparison of the prior impairment rating with the current injury's impairment rating. It is very possible that the carrier is not entitled to do this to you, and if they are, not for the full amount. As you noted, one injury didn't have anything to do with the other. The question will be whether any of the prior impairment is measured in the current impairment.
The short answer is you will have to let an attorney review it for you. This is a very specialized question and you will need a specialist to answer it. You can reach me at 972-644-1111.
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