Claire T. Brookins
All articles by Claire T. Brookins
To Litigate? Or to Split? That is the Question
Some of the most commonly litigated issues in Workers’ Compensation include degree of temporary disability and permanency (classification or schedule loss of use). More often than not, treating doctors and IMEs do not agree on issues concerning degree of disability or schedule loss of use. The question then arises as to whether the parties should litigate the issue through depositions of the doctors, or whether attempts should be made to negotiate a “split” of the disability rate or SLU award.